United States v. Levino Michelena-Orovio

The defendant, a member of the crew of a vessel intercepted on the high seas by the Coast Guard and found to have a cargo of marijuana, challenges his conviction of conspiracy to import marijuana and conspiracy to possess marijuana with intent to distribute it. He claims: (1) that the trial court erred in denying his motion to suppress the evidence; (2) that the court erred in refusing to allow the jury to smell the sample bale of marijuana; and (3) that there was insufficient evidence to support his conviction. For the reasons set forth below, we affirm in part and reverse in part.

I. FACTUAL…