United States v. Stephen Kirk Heiden, United States of America v. Larry Arnold Klein

OPINION

WALLACE, Circuit Judge:

Heiden and Klein appeal their convictions, following a nonjury trial, of unlawful possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Both were in a vehicle which was stopped by Border Patrol agents at the San Onofre fixed checkpoint and found to have approximately 110 pounds of marijuana in the trunk. They raise questions concerning claimed Fourth Amendment violations, sufficiency of the evidence to sustain the judgment and loss of certain evidence. We affirm.

The vehicle was stopped at the San Onofre checkpoint on April 24,…