United States v. Enriqe Manuel Vivero, and Guadalupe Yanez Monje

BARNES, Circuit Judge:

The record before us involves two appeals — appellants were jointly indicted and convicted of the violation of 21 U.S. C. § 841(a) (1) — the possession with intent to distribute a “controlled substance”, i. e., 225 kilograms of marijuana. A certain parked and unattended truck was searched by Customs officers without a warrant, and marijuana was found in two concealed compartments. Later, the truck was driven by Monje, and thereafter the marijuana was transferred to a Ford, driven by Vivero.

The two appellants raise different alleged errors on their appeals.

I. FACTS.

Appella…