United States v. Arturo Valadez Trevino
UNITED STATES of America, Plaintiff-Appellee, v. Arturo Valadez TREVINO, Defendant-Appellant
Opinion
PER CURIAM:
Trevino appeals from his conviction for possession of marijuana with intent to distribute, 21 U.S.C.A. § 841 (a)(1) (1972). His sole contention on appeal challenges the sufficiency of the evidence to sustain his conviction. We affirm.
The appellant was a passenger in a car which was stopped at the permanent Border Patrol checkpoint seven miles south of Falfurrias, Texas. While questioning the driver, the Border Patrol Agent detected the odor of marijuana. He had probable cause for the search and asked for the key to the trunk, but the driver said he did not *195 have one in his possession. During the questioning, however, a state game warden standing near the ear saw the driver hand Trevino a set of keys, one of which he recognized as a trunk key. The appellant took the keys and made a downward motion with his hand as though to hide them. The warden then reached into the car, grabbed the keys, and opened the trunk which contained 141 pounds of marijuana.
Trevino’s action in surreptitiously taking the key to the car’s trunk after the driver had told the Agent he did not have one amply supports the inference that Trevino was aiding and abetting the possession of marijuana.
AFFIRMED.
How later courts describe this case
Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.
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(appellant’s presence in car with marijuana coupled with his attempt to hide key to trunk from Border Patrol sufficient to sustain aiding and abetting possession of marijuana charge)
Cited by 5 cases
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