United States v. Roy Rodriguez

CHOY, Circuit Judge:

Roy Rodriguez appeals from a jury verdict convicting him of importation and transportation of heroin in violation of 21 U.S.C. § 174 and of conspiracy to commit the substantive crimes. He received five years on each of the three counts, to run concurrently. We affirm.

On November 21, 1970, Rodriguez drove his automobile into the United States at the San Ysidro port of entry. He and his female companion, Miss James, were returning from a brief visit to Tijuana.

A border guard observed that Rodriguez was nervous and that both occupants of the car had needle marks on their…