United States v. Rivas

STEWART, Circuit Judge:

This case is before us on appeal from defendants’ convictions in the district court of one count each of conspiracy to possess with the intent to distribute and possession with intent to distribute, in excess of 5 kilograms of cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. For the following reasons we REVERSE in part and AFFIRM in part.

BACKGROUND

On September 4, 1995, Carlos Rivas applied to enter the United States at the Los Indios Port of Entry at Brownsville, Texas. Rivas was the driver and sole occupant of a 1977 Kenworth truck towing an ostensibly empty…