Narcotics conviction requires knowledge

Juvenile Justice Digest, Apr 18, 2003

5th Circuit

A conviction for possession of drugs with intent to distribute requires evidence of the defendant's knowledge of the presence of a controlled substance. The instant case before the 5th Circuit Court of Appeals illustrates the rule.

Defendant Fredi Ramirez was a driver for a transport company that imports vehicles from Mexico and delivers them to U.S. dealers by tractor truck. The job required Ramirez to load the vehicles on to a transport truck in a loading area situated near the company's office and the security guards' post.

On the day of Ramirez' offense, he did not pull his transport to the designated loading area; instead he drove it to the second lot and parked it behind trees that obscured the guards' view.

While Ramirez was loading, one of the guards saw a large van come into the area. Meanwhile, a co-conspirator went to the office, pretending to obtain tools to fix a flat tire on Ramirez' transport. The two men also had several phone conversations on that same day.

The company's safety supervisor decided to inspect the truck. Inside one of the vehicles he discovered a large black duffel bag containing bales of marijuana.

A DEA agent followed Ramirez to a nearby border patrol checkpoint and arrested him.

The circuit court held substantial evidence pointed to guilt:

(1) the marijuana was found on the transport while under his control, (2) he knew it was hidden there, (3) the phone conversations were a signal, (4) the partner's visit to the office allowed for a window for Ramirez to hide the bags, and (5) the van did not stop to check in with the security guards before proceeding directly to the area where Ramirez was loading out of view.

Inf.: U.S. v. Ramirez, 02-40208, 5th Circ., Feb. 21