Opinion
The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir. R. 34-4.
Editorial Note:
This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)
Appeal from the United States District Court, for the Southern District of California, D.C. No. CR-91-1093-01-T; Howard B. Turrentine, Senior Judge, Presiding.
S.D.Cal.
AFFIRMED.
Before: O'SCANNLAIN, LEAVY, and HAWKINS, Circuit Judges.
MEMORANDUM
Jerry E. Dennis, II appeals his conviction, following a jury trial, for importation of marijuana and possession with intent to distribute marijuana in violation of 21 U.S.C. §§ 952, 960 and 841(a)(1). Dennis contends that there was insufficient evidence to prove that he knowingly possessed marijuana with intent to distribute. We have jurisdiction under 28 U.S.C. § 1291. We affirm.
In reviewing whether the evidence presented at trial was sufficient to support a conviction, we must determine if, after viewing the evidence in the light most favorable to the government, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319 (1979); United States v. Davila-Escovedo, 36 F.3d 840, 842 (9th Cir. 1994), cert. denied, 115 S.Ct. 953 (1995).
To sustain a conviction under 21 U.S.C. § 841(a)(1), the government must show that a defendant: 1) knowingly 2) possessed marijuana 3) with intent to distribute it. See United States v. Mora, 876 F.2d 76, 77 (9th Cir. 1989). Possession of a large quantity of drugs alone may be sufficient to show knowing possession. See Davila-Escovedo, 36 F.3d at 843; United States v. Savinovich, 845 F.2d 834, 837 (9th Cir.), cert. denied, 488 U.S. 943 (1988). Furthermore, knowledge of possession may be inferred when a defendant was the driver and sole occupant of a car laden with contraband. Davila-Escovedo, 36 F.3d at 843; United States v. Haro-Portillo, 531 F.2d 962, 963 (9th Cir. 1976).
Here, the government presented circumstantial evidence from which a reasonable jury could have inferred that Dennis knew that the vehicle he attempted to drive across the Mexican border contained marijuana. See Davila-Escovedo, 36 F.3d at 842. U.S. Customs Inspector Gutierrez testified that during questioning, Dennis displayed typical signs of nervousness. After a dog alerted for the presence of narcotics, Gutierrez got into the car and noticed a strong sweet smell which he recognized as a common method of masking the odor of narcotics. An air freshener was the only item found in the glove compartment.
Gutierrez also testified that the car had been modified so that narcotics could be transported in the gas tank. The gasoline was stored in the windshield wiper fluid reservoir, and the driver of the car would have to carefully monitor the gasoline level in order to drive across the border without running out of fuel. In addition, there was a can of gasoline in the trunk which contained approximately one-half gallon of gas.
Bundles of marijuana were found in the gas tank, under the rear seat, in the side panels of the car and in a spare tire. A total of 130 pounds of marijuana was found, which was a "pretty big load" for one person to bring across the border at one time. See Davila-Escovedo, 36 F.3d at 843; Savinovich, 845 F.2d at 838.
Accordingly, there was sufficient evidence for a rational jury to find beyond a reasonable doubt that Dennis knowingly possessed marijuana with intent to distribute. See Davila-Escovedo, 36 F.3d at 843.
AFFIRMED.
FN** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.