United States v. James E. Riebschlaeger and Ruben Cortez Alaniz

Appellants were convicted of conspiracy to possess marijuana with the intent to distribute, and possession of 44 pounds of marijuana with intent to distribute, in violation of Title 21 U.S.C.A. §§ 846 and 841(a). We find probable cause and exigent circumstances and therefore no error in denying the motion to suppress based on a claim of an illegal warrant-less search. We also find a sufficiency of evidence on the element of intent to distribute.

The other assignment of error raises the point, novel in this circuit, that the entire jury panel should have been quashed because many of the jurors…