United States v. Gwathney

O’BRIEN, Circuit Judge.

During an inspection of Charles Ellwood Gwathney’s commercial truck, Officer James Smid of the New Mexico Motor Transportation Division discovered 152.5 kilograms of marijuana. Gwathney was convicted by a jury of possession of 100 kilograms or more of marijuana, in violation of 21 U.S.C. § 841(b)(l)(B)(vii). He challenges the district court’s denial of his motion to suppress evidence obtained from the search, the admission of certain government evidence, the giving of a “permissive inference” jury instruction, and the district court’s denial of his motion for a new…