United States v. Arturo Gutierrez-Espinosa

OPINION

Before BROWNING and WALLACE, Circuit Judges, and ENRIGHT, * District Judge. PER CURIAM:

Arturo Gutierrez-Espinosa was convicted of unlawfully importing 75 pounds of marihuana in violation of 21 U.S.C. §§ 952(a) and 960(a)(1) and of possessing such marihuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). With one exception, appellant’s specifications of error are insubstantial.

The facts observed by the customs agent (the new paint job on appellant’s car, the strong odor of room deodorizer, the trembling of appellant’s hands) were relevant circumstantial evidence of…