United States v. Arturo Valadez Trevino

Fifth Circuit

United States v. Arturo Valadez Trevino

560 F.2d 194, 1977 U.S. App. LEXIS 11369

CourtCourt of Appeals for the Fifth Circuit

DecidedSeptember 28, 1977

Docket77-5234

StatusPublished

Cited by6 cases

This text of 560 F.2d 194 (United States v. Arturo Valadez Trevino) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Arturo Valadez Trevino, 560 F.2d 194, 1977 U.S. App. LEXIS 11369 (5th Cir. 1977).

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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.

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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.

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560 F.2d 194, 1977 U.S. App. LEXIS 11369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-arturo-valadez-trevino-ca5-1977.

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