United States v. Jose De Jesus Lomeli-Garnica

SNEED, Circuit Judge:

The defendant-appellant, Jose De Jesus Lomeli-Garnica, appeals his convictions for importing from Mexico and possessing with intent to distribute 246 pounds of marijuana. His ground for reversal of his convictions is that his “Mendez-Rodriguez” motion to dismiss all counts of the indictment should have been granted. See United States v. Mendez-Rodriguez, 450 F.2d 1 (9th Cir. 1971).

In support of his contention, the appellant points out that when he was stopped at the Port of Entry at Calexi-co, California he was transporting five passengers consisting of Mr. and Mrs.…