United States v. Wynn Earl Westover, United States of Am. v. Bea Roberts, 511 F.2d 1154 (9th Cir. 1975). · Go Syfert
United States v. Wynn Earl Westover, United States of Am. v. Bea Roberts, 511 F.2d 1154 (9th Cir. 1975). Cases Citing This Book View Copy Cite
G Cite
58 citation events (7 in the last 25 years) across 9 distinct courts.
Strongest positive: State v. Smith (md, 2003-05-09)
Treatment trajectory · 1975 → 2026 · click a year to view as-of
1975 2000 2026
Top citers, strongest first. 31 distinct citers. How cited ↗
discussed Cited as authority (rule) State v. Smith (2×)
Md. · 2003 · confidence medium
In United States v. Westover, 511 F.2d 1154, 1157 (9th Cir.1975), the Ninth Circuit again noted that "the jury could reasonably infer that [the driver] knew of the trunk's contents." (alteration added).
cited Cited as authority (rule) United States v. John Anton Richardson, Ralph S. Bowman, Frank Salaman, Robert William Bradford
9th Cir. · 1979 · confidence medium
United States v. Luther, 521 F.2d 408, 409 (9th Cir. 1975); United States v. Westover, 511 F.2d 1154, 1156 (9th Cir.), cert. denied, 422 U.S. 1009 , 95 S.Ct. 2633 , 45 L.Ed.2d 673 (1975). 3 .
cited Cited as authority (rule) United States v. Louis J. Cella, Jr., Stephen R. Evans, Theodore Schiffman, Defendants
9th Cir. · 1978 · confidence medium
Carpio, supra, 547 F.2d at 492 ; United States v. Westover, 511 F.2d 1154, 1155 (9th Cir.), cert. denied, 422 U.S. 1009 , 95 S.Ct. 2633 , 45 L.Ed.2d 673 (1975). 4.
discussed Cited as authority (rule) United States v. William F. Schoenhut, Jr
3rd Cir. · 1978 · confidence medium
“Participation in a criminal conspiracy need not be proved by direct evidence; a common purpose and plan may be inferred from a ‘development and collocation of circumstance.’ ” Glasser v. United States, 315 U.S. 60, 80 , 62 S.Ct. 457, 469 , 86 L.Ed. 680 (1942), citing United States v. Manton, 107 F.2d 834, 839 (2d Cir. 1938), accord, United States v. Westover, 511 F.2d 1154, 1156 (9th Cir.), cert. denied, 422 U.S. 1009 , 95 S.Ct. 2633 , 45 L.Ed.2d 673 (1975).
discussed Cited as authority (rule) United States v. Nakonechni
M.D. Penn. · 1978 · confidence medium
See Papa, 533 F.2d at 821-22 ; Moore, 522 F.2d at 1078 ; United States v. Westover, 511 F.2d 1154, 1156 (9th Cir.), cert. denied, 422 U.S. 1009 , 95 S.Ct. 2633 , 45 L.Ed.2d 673 (1975); United States v. Sarrillo, 510 F.2d 1174 (6th Cir.), cert. denied, 423 U.S. 837 , 96 S.Ct. 64 , 46 L.Ed.2d 55 (1976); United States v. Wilshire Oil Co. of Texas, 427 F.2d 969, 975-77 (10th Cir.), cert. denied, 400 U.S. 829 , 91 S.Ct. 58 , 27 L.Ed.2d 59 (1970); United States v. Edwards, 366 F.2d 853, 872 (2d Cir. 1966), cert. denied sub nom.
discussed Cited as authority (rule) United States v. Alberto Garcia-Rodriguez (T/n Ruben Gutierrez-Garcia), Alfonso Garcia-Sanchez, Francisco Martinez-Martinez
9th Cir. · 1977 · confidence medium
United States v. Costey, 9 Cir., 554 F.2d 909 , cert. denied, — U.S. -, 97 S.Ct. 2928 , 53 L.Ed.2d 1065 (1977); United States v. Westover, 511 F.2d 1154, 1155 (9th Cir. 1975); United States v. Murray, 492 F.2d 178 , 186 (9th Cir. 1972), cert. denied, 419 U.S. 854 , 95 S.Ct. 98 , 42 L.Ed.2d 87 (1974). 2 .
discussed Cited as authority (rule) United States v. Raymond Eaglin
9th Cir. · 1977 · confidence medium
Glasser v. United States, 315 U.S. 60, 80 , 62 S.Ct. 457 , 86 L.Ed. 680 (1942); United States v. *1077 Ramirez-Rodriquez, 552 F.2d 883, 884 (9th Cir. 1977); United States v. Paduano, 549 F.2d 145, 149 (9th Cir. 1977); United States v. Westover, 511 F.2d 1154, 1156 (9th Cir.), cert. denied, 422 U.S. 1009 , 95 S.Ct. 2633 , 45 L.Ed.2d 673 (1975).
cited Cited as authority (rule) United States v. George H. Lustig, United States of America v. Gregory D. Pederson
9th Cir. · 1977 · confidence medium
United States v. Freie, 545 F.2d 1217, 1221 (9 Cir. 1976); United States v. Westover, 511 F.2d 1154, 1157 (9 Cir. 1975) .
discussed Cited as authority (rule) United States v. Rogelio Mota Valdovinos, United States of America v. Eudoro Gonzales Farias
9th Cir. · 1977 · confidence medium
United States v. Scholle, 553 F.2d 1109, 1118 (C.A.8 1977); United States v. Costey, 554 F.2d 909 (C.A.9 Jan. 31, 1977 as amended April 20, 1977), cert. denied - U.S. -, 97 S.Ct. 2928 , 53 L.Ed.2d 1065 ; United States v. Peterson, 549 F.2d 654, 657 (C.A.9 1977); United States v. Testa, 548 F.2d 847, 853 (C.A.9 1977); United States v. Freie, 545 F.2d 1217, 1221 (C.A.9 1976), cert. denied Gangadean v. U. S., 430 U.S. 966 , 97 S.Ct. 1645 , 52 L.Ed.2d 356 (1977); United States v. Westover, 511 F.2d 1154, 1157 (C.A.9 1975), cert. denied 422 U.S. 1009 , 95 S.Ct. 2633 , 45 L.Ed.2d 673 (1975).
discussed Cited as authority (rule) United States v. William Escarsega Costey
9th Cir. · 1977 · confidence medium
United States v. Turner, 528 F.2d 143, 162 (9th Cir. 1975); United States v. Westover, 511 F.2d 1154, 1157 (9th Cir.), cert. denied, 422 U.S. 1009 , 95 S.Ct. 2633 , 45 L.Ed.2d 673 (1975); United States v. See, 505 F.2d 845, 856 (9th Cir. 1974), cert. denied, 420 U.S. 992 , 95 S.Ct. 1428 , 43 L.Ed.2d 673 (1975).
cited Cited as authority (rule) United States v. Vincent Francis Guerrera
9th Cir. · 1977 · confidence medium
United States v. Westover, 511 F.2d 1154, 1155 (9th Cir.), cert. denied, 422 U.S. 1009 , 95 S.Ct. 2633 , 45 L.Ed.2d 673 (1975).
cited Cited as authority (rule) United States v. Carl Clayton Chenaur
9th Cir. · 1977 · confidence medium
United States v. Miller, 520 F.2d 1208, 1212 (9th Cir. 1975); United States v. Westover, 511 F.2d 1154, 1155 (9th Cir.), cert. denied, 422 U.S. 1009 , 95 S.Ct. 2633 , 45 L.Ed.2d 673 (1975).
cited Cited as authority (rule) United States v. Jose Vega-Limon
9th Cir. · 1977 · confidence medium
United States v. Westover, 511 F.2d 1154, 1157 (9th Cir. 1975).
discussed Cited as authority (rule) United States v. James G. Ryan, United States of America v. Adrian Wilson, United States of America v. Bernard Zeldin (2×)
9th Cir. · 1976 · confidence medium
United States v. Turner, 528 F.2d 143, 162 (9th Cir. 1975); United States v. Westover, 511 F.2d 1154, 1157 (9th Cir. 1975).
discussed Cited as authority (rule) United States v. Darrell Calhoun, United States of America v. Andrew Sheppard, United States of America v. Joe T. Harris, United States of America v. James E. Ellis, United States of America v. Clifford Burston, United States of America v. James William Wimbley, United States of America v. Calvin Stephenson
9th Cir. · 1976 · confidence medium
United States v. Gardner, 475 F.2d 1273, 1275 (9th Cir. 1973). 87 "Once it is shown that a conspiracy exists, only slight evidence is required to connect a defendant with it." United States v. Westover, 511 F.2d 1154, 1157 (9th Cir. 1975).
cited Cited as authority (rule) United States v. Calhoun
9th Cir. · 1976 · confidence medium
“Once it is shown that a conspiracy exists, only slight evidence is required to connect a defendant with it.” United States v. Westover, 511 F.2d 1154, 1157 (9th Cir. 1975).
discussed Cited as authority (rule) United States v. Robert Lee Prueitt, United States of America v. Karl Darrell Petersen, United States of America v. Neil Lee Temple, United States of America v. Phillipp Michael Bourchier, United States of America v. Dwayne David Walker, United States of America v. Darla Loree Blickenstaff, A/K/A Darla Loree Jenkins
9th Cir. · 1976 · confidence medium
See United States v. See, 505 F.2d 845, 855 (9th Cir. 1974), cert. denied, 420 U.S. 992 , 95 S.Ct. 1428 , 43 L.Ed.2d 673 (1975); United States v. Westover, 511 F.2d 1154, 1155-56 (9th Cir.), cert. denied, 422 U.S. 1009 , 95 S.Ct. 2633 , 45 L.Ed.2d 673 (1975).
discussed Cited as authority (rule) United States v. Prueitt
9th Cir. · 1976 · confidence medium
See United States v. See, 505 F.2d 845, 855 (9th Cir. 1974), cert. denied, 420 U.S. 992 , 95 S.Ct. 1428 , 43 L.Ed.2d 673 (1975); United States v. Westover, 511 F.2d 1154, 1155-56 (9th Cir.), cert. denied, 422 U.S. 1009 , 95 S.Ct. 2633 , 45 L.Ed.2d 673 (1975).
discussed Cited as authority (rule) United States v. Donald Anderson and Jack Smith (2×)
9th Cir. · 1976 · confidence medium
United States v. Westover, 511 F.2d 1154, 1155 (9th Cir. 1974).
examined Cited as authority (rule) United States v. Emslie Leander Moore, United States of America v. Floyd Moore, United States of America v. Pieter Cornelis Pannekoek (4×) also: Cited "see"
9th Cir. · 1975 · confidence medium
E. g., United States v. Westover, 511 F.2d 1154, 1157 (9th Cir. 1975).
cited Cited "see" UNITED STATES of America, Plaintiff-Appellee, v. Louis M. MAYO, Jr., and James Harold Dondich, Defendants-Appellants
9th Cir. · 1981 · signal: see · confidence high
See United States v. Westover, 511 F.2d 1154 (9th Cir.), cert. denied, 422 U.S. 1009 , 95 S.Ct. 2633 , 45 L.Ed.2d 673 (1975).
cited Cited "see" United States v. Manuel Valenzuela, United States of America v. Alonso Lizarraga, United States of America v. Bernardina Lizarraga, United States of America v. Mary Elizabeth Corley
9th Cir. · 1979 · signal: see · confidence high
See United States v. Westover, 511 F.2d 1154, 1155 (9th Cir.), Cert. denied, 422 U.S. 1009 , 95 S.Ct. 2633 , 45 L.Ed.2d 673 (1975).
cited Cited "see" United States v. Valenzuela
9th Cir. · 1979 · signal: see · confidence high
See United States v. Westover, 511 F.2d 1154, 1155 (9th Cir.), cert. denied, 422 U.S. 1009 , 95 S.Ct. 2633 , 45 L.Ed.2d 673 (1975).
discussed Cited "see" United States v. John P. Cloughessy (2×)
9th Cir. · 1977 · signal: see · confidence high
See United States v. Westover, 511 F.2d 1154 (9th Cir.), cert. denied, 422 U.S. 1009 , 95 S.Ct. 2633 , 45 L.Ed.2d 673 (1975).
cited Cited "see" United States v. Uco Oil Company, and Donald Simeon
9th Cir. · 1976 · signal: see · confidence high
See United States v. Westover, 511 F.2d 1154 , 1155 note 2 (9th Cir.), cert. denied 422 U.S. 1009 , 95 S.Ct. 2633 , 45 L.Ed.2d 673 (1975).
discussed Cited "see" United States v. Tommy Joe Coplen, United States of America v. Henry Valentin Valenzuela, United States of America v. John Balmer McKittrick
9th Cir. · 1976 · signal: see · confidence high
See United States v. Westover, 511 F.2d 1154, 1155-56 (9th Cir.), cert. denied, 422 U.S. 1009 , 95 S.Ct. 2633 , 45 L.Ed.2d 673 (1975); United States v. See, 505 F.2d 845, 855 (9th Cir. 1974), cert. denied, 420 U.S. 992 , 95 S.Ct. 1428 (1975). 1 *216 As a separate and distinct point on appeal, defendant Copien submits that the district court committed reversible error by denying his motion for judgment of acquittal.
cited Cited "see" United States v. Dennis G. Crum
9th Cir. · 1976 · signal: see · confidence high
See United States v. Westover, 511 F.2d 1154, 1155 (9th Cir. 1975). 4 .
examined Cited "see, e.g." Smith v. State (4×)
Md. Ct. Spec. App. · 2002 · signal: see also · confidence medium
See also United States v. Westover, 511 F.2d 1154, 1157 (9th Cir.), cert. denied, 422 U.S. 1009 , 95 S.Ct. 2633 , 45 L.Ed.2d 673 (1975)(“From the fact that West-over was driving the car, the jury could reasonably infer that he knew of the trunk’s contents”).
cited Cited "see, e.g." United States v. Pablo Aguilar
9th Cir. · 1985 · signal: see also · confidence low
See also United States v. Westover, 511 F.2d 1154 , 1155 & n. 2 (9th Cir.1975) (duplicity objection waived absent pre-trial objection).
cited Cited "see, e.g." Colon O. Ward v. United States
11th Cir. · 1983 · signal: compare · confidence medium
Compare United States v. Westover, 511 F.2d 1154, 1156 (9th Cir.), cert. denied, 422 U.S. 1009 , 95 S.Ct. 2633 , 45 L.Ed.2d 673 (1975).
discussed Cited "see, e.g." United States v. Roger Lee Burkett, Saundra Navarro, Marguerite Constanza, and Gary Toughill
9th Cir. · 1980 · signal: see also · confidence medium
See Kowalski v. Parratt, 533 F.2d 1071, 1074 (8th Cir.), cert. denied, 429 U.S. 844 , 97 S.Ct. 125 , 50 L.Ed.2d 115 (1976); see also United States v. Westover, 511 F.2d 1154, 1156 (9th Cir.), cert. denied, 422 U.S. 1009 , 95 S.Ct. 2633 , 45 L.Ed.2d 673 (1975); Sanchez v. United States, 341 F.2d 225, 227 (9th Cir.), cert. denied, 382 U.S. 856 , 86 S.Ct. 109 , 15 L.Ed.2d 94 (1965).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Wynn Earl WESTOVER, Defendant-Appellant; UNITED STATES of America, Plaintiff-Appellee, v. Bea ROBERTS, Defendant-Appellant
74-2279, 74-2262.
Court of Appeals for the Ninth Circuit.
Jun 16, 1975.
511 F.2d 1154
Frank M. Mangan (argued), Federal Defender, San Diego, Cal., for defendant-appellant., Peter Nunez, Asst. U. S. Atty. (argued), San Diego, Cal., for plaintiff-appellee.
Chambers, Ely, Rich.
Cited by 52 opinions  |  Published
RICH, Judge:

These two appeals have been consolidated for hearing and decision on the Government’s motion. Appellants Westover and Roberts were each convicted, after a jury trial, of conspiracy to smuggle and import merchandise [1] illegally, in violation of 18 U.S.C. § 371, and smuggling and illegal importation of merchandise, in violation of 18 U.S.C. § 545. Both appellants received suspended sentences, the sentences to run concurrently, and were placed on probation. Inasmuch as appellants’ sentences are concurrent, we need sustain only one conviction of each appellant to affirm the judgment. United States v. Jones, 446 F.2d 12 (9th Cir., 1971). Since we affirm appellants’ convictions on the conspiracy counts, we refrain from passing on the convictions for smuggling and illegal importation under § 545. [2]

Westover’s arrest resulted from a search by customs agents of his vehicle, which was parked for a time at a motel in San Ysidro, California, near the border crossing into Mexico. We need not decide whether this search constituted a valid border search under Alexander v. United States, 362 F.2d 379 (9th Cir., 1966), cert. denied 385 U.S. 977, 87 S.Ct. 519, 17 L.Ed.2d 439 (1966); or United States v. Weil, 432 F.2d 1320 (9th Cir., 1970), cert. denied 401 U.S. 947, 91 S.Ct. 933, 28 L.Ed.2d 230 (1971), since we find that separate probable cause existed for the search, as held by the trial judge.

There is evidence that on November 30, 1973, appellant Roberts and alleged (although unindicted) co-conspirator Edmunds were observed placing objects inside the trunk of a vehicle, which was parked 200 to 300 yards north of the border and which the customs agents knew to be registered to Westover; that[*1156] Roberts and. Edmunds were confirmed to have entered from Mexico shortly before having been seen at Westover’s vehicle; that within an hour thereafter Roberts and Edmunds entered from Mexico in another automobile in which illegal merchandise was found and were arrested; and that Westover, upon entering on foot from Mexico, was seen to proceed to his vehicle, open the trunk, and look inside. This evidence, when viewed with evidence that Westover was known to the customs agents to be associated with organizations promoting the legalization of laetrile [3] and to have frequently telephoned a pharmacy in Mexico employing persons who were arrested a month earlier for smuggling laetrile and who had named Westover as a trafficker in laetrile, supports the district court’s finding that the search of Westover’s vehicle for contraband by the customs agents was valid. Westover’s attempt to flee the area in his vehicle when accosted by the customs agents provided sufficient exigent circumstances for immediate warrantless search for contraband. Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925); Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419 (1970).

Westover further argues that his acquittal under another indictment of conspiracy to import merchandise illegally prohibits his conviction for conspiracy now before us under the double jeopardy clause of the Fifth Amendment. West-over has the burden of showing that the conspiracy of which he was acquitted and the conspiracy of which he was subsequently convicted constituted a single overall conspiracy. United States v. O’Dell, 462 F.2d 224, 226-227 fn. 2 (6th Cir., 1972); Sanchez v. United States, 341 F.2d 225, 227 (9th Cir., 1965), cert. den. 382 U.S. 856, 86 S.Ct. 109, 15 L.Ed.2d 94 (1965). The indictment resulting in Westover’s acquittal alleged a conspiracy among Westover, one Medina, and one Aguilar, to smuggle amygdalina (laetrile) during a period ending August 27, 1973. Evidence that Westover was involved in a general continuing conspiracy to smuggle anti-cancer drugs, which Westover asserts may be inferred from the records of both trials, does not support his plea of double jeopardy in the absence of evidence that the combinations of Westover with Edmunds and Roberts, on the one hand, and Medina and Aguilar on the other, were encompassed by the same agreement. Thus, Westover’s plea of double jeopardy was properly rejected by the district court.

Both appellants contend that the evidence is insufficient to support their conspiracy convictions. Viewing the evidence in the light most favorable to the Government, as we must on appeal, Glasser v. United States, 315 U.S. 60, 82, 62 S.Ct. 457, 86 L.Ed. 680 (1942); United States v. Callahan, 445 F.2d 552, 554 (9th Cir., 1971), we find that the Government did present facts from which the jury could reasonably infer that both appellants were guilty of conspiracy. See United States v. Bonanno, 467 F.2d 14, 17 (9th Cir., 1972), cert. den. 410 U.S. 909, 93 S.Ct. 964, 35 L.Ed.2d 271 (1973).

“Participation in a criminal conspiracy need not be proved by direct evidence; a common purpose and plan may be inferred from a ‘development and a collocation of circumstances’.” Glasser v. United States, supra, 315 U.S. at 80, 62 S.Ct. at 469, quoting from United States v. Mantón, 107 F.2d 834, 839 (2d Cir., 1938). Appellant Westover furnished the transportation to San Ysidro from the San Francisco area. While he, Roberts, and Edmunds were in Tijuana, Westover offered to buy at a wholesale price, and then bought, the medicines that were later taken across the border. Although Edmunds stated that he planned to repay Westover later, the record shows that Westover purchased the medicines with his own money. Westover helped Edmunds count the purchased medicine; and after Roberts and Edmunds walked across the border,[*1157] they placed the merchandise they were carrying in Westover’s car. Westover was driving his car when the customs agents stopped him, after he attempted to evade the agents, searched the car, and seized smuggled merchandise from the trunk. From the fact that Westover was driving the car, the jury could reasonably infer that he knew of the trunk’s contents. United States v. Dixon, 460 F.2d 309 (9th Cir., 1972), cert. den. 409 U.S. 864, 93 S.Ct. 157, 34 L.Ed.2d 112 (1972).

Although there may be less evidence to support appellant Roberts’ conviction for conspiracy, we find the evidence is sufficient. Once it is shown that a conspiracy exists, only slight evidence is required to connect a defendant with it. Nye & Nissen v. United States, 168 F.2d 846, 852 (9th Cir., 1948), aff’d 336 U.S. 613, 69 S.Ct. 766, 93 L.Ed. 919 (1949); United States v. Knight, 416 F.2d 1181, 1184 (9th Cir., 1969). Roberts rented and drove the car in which she and Edmunds went into Mexico for their prearranged meeting with Westover. Although there was no evidence that she participated in the conversation between Edmunds and Westover about buying the medicines, the conversation occurred in her rented car, and she was present. She was also present when Edmunds and Westover later counted the medicine. Cf. United States v. Knight, supra, at 1183 — 84. Edmunds’ testimony was equivocal as to whether Roberts carried any of the medicine when she and Edmunds walked across the border; but Edmunds clearly stated that Roberts had possession of the key to the trunk of Westover’s vehicle and that she opened the trunk so that he could put the imerchandise inside. Cf. United States v. Ramos, 476 F.2d 624 (9th Cir., 1973). Finally, Roberts was driving her rented car when customs officers stopped and searched the car at the border and seized smuggled medicines. Cf. United States v. Dixon, supra.

Affirmed.

1

. Drugs called “Cyto H3 tablets,” “Apia Basilon plus H3 tablets” and “CUV C Triptophane tablets.”

2

. Count II of the indictment charges each appellant with both smuggling merchandise and illegal importation of merchandise, in violation of 18 U.S.C. § 545. Smuggling and illegal importation are separate offenses, although both are violations of § 545, OlaisCastro v. United States, 416 F.2d 1155, 1157— 1158 (9th Cir., 1969). By charging more than one offense in a single count, Count II is duplicitous. Fed.R.Crim.P. 8(a). Appellants waived this defect, however, by failing to object by motion prior to trial. Fed.R.Crim.P. 12(b)(2). Because we apply the concurrent sentence doctrine, we need not decide whether the evidence was insufficient to support a jury verdict of guilty on either of the offenses charged.

3

. A drug, also called “amygdalina,” not available in the United States for lack of FDA approval, which some persons believe is, effective against cancer.