From Casetext: Smarter Legal Research

United States v. Almada-Aldama

United States Court of Appeals, Ninth Circuit
Jun 13, 1972
462 F.2d 952 (9th Cir. 1972)

Summary

holding that a customs agent who had seen bricks of marijuana on numerous occasions, who had been trained to identify marijuana, and who had never been mistaken in the identification of marijuana could testify as to the nature of the substance

Summary of this case from U.S. v. Shelton

Opinion

Nos. 72-1416, 72-1417.

June 13, 1972.

Arthur J. Hutton, Lawrence Ollason, Tucson, Ariz., for appellants.

William C. Smitherman, U.S. Atty., James M. Wilkes, Asst. U.S. Atty., Tucson, Ariz., for appellee.

Appeal from the United States District Court for the District of Arizona.

Before MERRILL, ELY and GOODWIN, Circuit Judges.


Appellants were convicted of importation of 1101 pounds of marijuana, a violation of 21 U.S.C. § 952(a), and of possession with intent to distribute those 1101 pounds of marijuana, a violation of 21 U.S.C. § 841(a)(1). They appeal, contending that the district court abused its discretion in permitting a United States Customs Agent to identify the marijuana and in failing to require that the identification be made by a chemist. We affirm.

The agent had seen marijuana bricks more than one hundred times; he had been trained to identify marijuana and was familiar with its visual appearance and its characteristic smell; he had never been mistaken in making a visual identification of what be believed to be marijuana; and he described in court the basis for his identification of the substance in this case. The identification question was one regularly faced by the agent. Compare Ignacio v. Guam, 413 F.2d 513 (9th Cir. 1969), cert. denied 397 U.S. 943, 90 S.Ct. 959, 25 L.Ed. 2d 124 (1970). The district court had ample reason to conclude that the agent was qualified to distinguish marijuana from some other substance. Compare United States v. Martin, 459 F.2d 1009 (9th Cir. 1972).

It is important to note, too, that during the agent's testimony no specific objection was voiced which might have raised a foundational issue as to the agent's qualification to express his expert opinion as to the nature of the substance.

Affirmed.


Summaries of

United States v. Almada-Aldama

United States Court of Appeals, Ninth Circuit
Jun 13, 1972
462 F.2d 952 (9th Cir. 1972)

holding that a customs agent who had seen bricks of marijuana on numerous occasions, who had been trained to identify marijuana, and who had never been mistaken in the identification of marijuana could testify as to the nature of the substance

Summary of this case from U.S. v. Shelton
Case details for

United States v. Almada-Aldama

Case Details

Full title:UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. JORGE ALMADA-ALDAMA…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jun 13, 1972

Citations

462 F.2d 952 (9th Cir. 1972)

Citing Cases

U.S. v. Shelton

While officers who have had experience in searching for, and obtaining marijuana have been permitted to…

United States v. MRP

In addition, the district court did not err in allowing border patrol agents to identify the seized evidence…