James Stewart Bettis and Robert Edward Nelson, III v. United States

JOHNSEN, Circuit Judge.

Appellants were convicted on a joint charge of bringing 22 pounds of marihuana into the United States from Mexico in violation of 21 U.S.C. § 176a. We affirm as to appellant Bettis, but reverse as to appellant Nelson.

The marihuana was discovered by customs officers in a routine search of an automobile at the port of entry at No-gales, Arizona, where the car had crossed the border. Bettis was driving and Nelson was riding in the car. Thirteen foil-wrapped packages of marihuana were found under the back seat and the rest in loose form in a gunnysack inside a sleeping bag…