Possession of a substantial quantity of narcotics is sufficient to support an inference that a defendant knowingly possessed the narcotics.
A defendant convicted of importing and possessing cocaine concealed in chessboards argues that the evidence of his knowledge was insufficient because he denied awareness of the drugs and cooperated with customs officials. The question presented is whether circumstantial evidence, including the substantial quantity of narcotics, supports an inference of knowing possession. The court applies the rule that mere possession of a substantial quantity of narcotics is sufficient to support an inference that a defendant knowingly possessed the narcotics, and that a sentencing court reviewing a guideline enhancement for obstruction of justice must give due regard to the district court's opportunity to judge witness credibility. The court affirms the conviction and sentence, finding ample evidence of guilty knowledge and no clear error in the obstruction enhancement.
At page 1368 Sufficiency of evidence for narcotics possession and knowledge45 citing cases“mere possession of a substantial quantity of narcotics is sufficient to support an inference that a defendant knowingly possessed the narcotics.”
- United States v. Elishay Banks, No. 20-50026 (9th Cir. Nov. 26, 2021).unpublished([M]ere possession of a substantial quantity of narcotics is sufficient to support an inference that a defendant knowingly possessed the narcotics.)
- United States v. Alfredo Davila-Escovedo, 36 F.3d 840 (9th Cir. 1994).published(mere possession of a substantial quantity of narcotics is sufficient to support an inference that a defendant knowingly possessed the narcotics)
- United States v. Allen Gorion, No. 16-10459 (9th Cir. July 2, 2018).unpublishedUnited States v. Lopez, 477 F.3d 1110, 1113 (9th Cir. 2007); United States v. Barbosa, 906 F.2d 1366, 1368 (9th Cir. 1990).
- United States v. Hector Carreon, 632 F. App'x 902 (9th Cir. 2015).unpublished“A conviction is supported by sufficient evidence if, ‘viewing the evidence in the light most favorable to the government, a rational trier of fact could conclude that the evidence was adequate to prove guilt beyond a reasonable doubt.’ ”…
- State Of Washington v. Carla Anna Ford, No. 70936-4 (Wash. Ct. App. Mar. 9, 2015).unpublishedDemeanor evidence includes, for example, the admission of evidence concerning a defendant's "slurr[ed] speech," Muniz. 496 U.S. at 592 , "apparent nervousness," United States v. Barbosa, 906 F.2d 1366, 1368 (9th Cir. 1990), or a defendant'…
- United States v. F. Whittemore, 776 F.3d 1074 (9th Cir. 2015).publishedA conviction is supported by sufficient evidence if, “viewing the evidence in the light most favorable to the government, a rational trier of fact could conclude that the evidence was adequate to prove guilt beyond a reasonable doubt.” Uni…
- United States v. Ahearn, 310 F. App'x 199 (9th Cir. 2009).unpublished (possession of a large quantity of narcotics and nervousness)
- United States v. Conchas, 302 F. App'x 711 (9th Cir. 2008).unpublished (nervousness)
- State v. Teagle, 170 P.3d 266 (Ariz. Ct. App. 2007).published ([M]ere possession of a substantial quantity of narcotics is sufficient to support an inference that a defendant knowingly possessed the narcotics.)
- United States v. Mora-Arciga, 41 F. App'x 982 (9th Cir. 2002).unpublished(allowing inference of knowledge of possession from defendant’s apparent nervousness and inconsistent statements given during airport inspection)
Show 34 more citing cases
- United States v. Ted Stevenson Angwin, 271 F.3d 786 (9th Cir. 2001).published (signs of nervousness)
- United States v. Ramon Velarde-Gomez, 269 F.3d 1023 (9th Cir. 2001).published We agree that the government may offer evidence of demeanor, see United States v. Barbosa, 906 F.2d 1366, 1368 (9th Cir.1990), and may also offer physical evidence, see Schmerber v. California, 384 U.S. 757, 764 , 86 S.Ct. 1826 , 16 L.Ed.2…
- United States v. Ted Stevenson Angwin, 263 F.3d 979 (9th Cir. 2001).published (signs of nervousness)
- United States v. Nasseri, 17 F. App'x 618 (9th Cir. 2001).unpublished (holding that in addition to other circumstantial evidence of guilt, defendant’s possession of six and one-half pounds of cocaine was sufficient to infer guilty knowledge)
- United States v. Jose Ramon Hernandez, United States of Am. v. Douglas Gorbea Del-Valle, 218 F.3d 58 (1st Cir. 2000).published(noting that jury could infer guilty knowledge of contents of luggage, in part, from discrepancies in stories defendant told to different federal agents)
- United States v. Gorbea, No. 99-1358 (1st Cir. July 17, 2000).published(noting that jury could infer guilty knowledge of contents of luggage, in part, from discrepancies in stories defendant told to different federal agents)
- United States v. Jose Loza-Romero, United States of Am. v. Ruben Contreras-Rodriguez, 122 F.3d 1075 (9th Cir. 1997).unpublished(proper to infer knowledge where defendant carrying chess sets full of cocaine)
- United States v. Rafael Lorea, 72 F.3d 136 (9th Cir. 1995).unpublishedSee United States v. Perkins, 937 F.2d 1397, 1404 (9th Cir.1991); United States v. Ramirez-Jiminez, 967 F.2d 1321 (9th Cir.1992); United States v. Barbosa, 906 F.2d 1366, 1368 (9th Cir.), cert. denied, 498 U.S. 961 (1990). 29 This circuit…
- United States v. Ramon Cancio-German, 69 F.3d 545 (9th Cir. 1995).unpublished Davila-Escovedo, 36 F.3d at 843 ; United States v. Barbosa, 906 F.2d 1366, 1368 (9th Cir.), cert. denied, 498 U.S. 961 (1990). 6 In addition, Cancio-German gave conflicting statements to authorities.
- United States v. Johnny Harris, Jr., 56 F.3d 74 (9th Cir. 1995).publishedUnited States v. Barbosa, 906 F.2d 1366, 1368 (9th Cir.), cert. denied, 498 U.S. 961 (1990).
- United States v. Tony Siripatrapa, 51 F.3d 284 (9th Cir. 1995).unpublishedThe following evidence was introduced at trial: (1) Siripatrapa frequently traveled to Thailand, a known source country for heroin; (2) He stayed in a hotel in Los Angeles for a few days and paid his bill in cash; (3) He made numerous expe…
- United States v. Martin Miranda-Flores, 24 F.3d 251 (9th Cir. 1994).publishedSec. 1291 , and we affirm. 3 There is sufficient evidence to support a conviction if, " 'reviewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime…
- United States v. Alfredo Valenzuela-Chairez, 19 F.3d 1442 (9th Cir. 1994).unpublishedFirst, 700 pounds of cocaine were discovered in the trunk. "[M]ere possession of a substantial quantity of narcotics is sufficient to support an inference that a defendant knowingly possessed the narcotics." United States v. Barbosa, 906 F…
- United States v. Julio G., United States of Am. v. Manuel C., 5 F.3d 542 (9th Cir. 1993).publishedWe have also held that "mere possession of a substantial quantity of narcotics is sufficient to support an inference that a defendant knowingly possessed the narcotics." United States v. Barbosa, 906 F.2d 1366, 1368 (9th Cir.), cert. denie…
- United States v. Christopher Arvizu, 5 F.3d 540 (9th Cir. 1993).published Sec. 1291 and affirm. 3 "In determining whether the evidence was sufficient to support ... [Arvizu's] convictions, we must determine whether, after viewing all the evidence in the light most favorable to the government, any rational trier…
- United States v. Ayala-Tapia, 520 F.3d 66 (1st Cir. 2008).published
- United States v. Philip William Pace, 922 F.2d 451 (8th Cir. 1990).published
- United States v. Isidro Farias-Farias, 925 F.2d 805 (5th Cir. 1991).published
- United States v. Jose Dejesus Limon, 956 F.2d 1168 (9th Cir. 1992).unpublished
- United States v. Sergio Garcia, 963 F.2d 380 (9th Cir. 1992).unpublished
- United States v. Robert Pitner, United States of Am. v. David M. Hanson, 979 F.2d 156 (9th Cir. 1993).published
- United States v. Son Anh Chu, 988 F.2d 981 (9th Cir. 1993).published
- United States v. Daniel Richard Esparza, 999 F.2d 545 (9th Cir. 1993).unpublished
- United States v. Olga Hernandez-Limon, 15 F.3d 1092 (9th Cir. 1994).published
- United States v. Bardwin Kevin Bays, 39 F.3d 1188 (9th Cir. 1994).unpublished
- United States v. Aldo Garcia-Soberanis, 46 F.3d 1147 (9th Cir. 1995).published
- United States v. Carol Lee Cheatham-Watkins, 51 F.3d 282 (9th Cir. 1995).unpublished
- United States v. Floyd Daverlin Osborne, 89 F.3d 847 (9th Cir. 1996).unpublished
- United States v. Laura Rodriguez-Beltran, 122 F.3d 1075 (9th Cir. 1997).unpublished
- United States v. Kim Elizabeth Pham, 122 F.3d 1075 (9th Cir. 1997).unpublished
- United States v. Said Shah Mohamadian, 125 F.3d 859 (9th Cir. 1997).unpublished
- United States v. Gordon Robert Thompson, 134 F.3d 381 (9th Cir. 1998).unpublished
- United States v. Lloyd, 190 F. App'x 534 (9th Cir. 2006).unpublished
- United States v. Pilgrim, 270 F. App'x 662 (9th Cir. 2008).unpublished
At page 1369 Reviewing district court's finding of false testimony for sentencing40 citing casesfalse testimony
- United States v. Don A. Thompson (A/k/a John F. Shellington), 962 F.2d 1069 (D.C. Cir. 1992).published But see United States v. Willis, 940 F.2d 1136, 1140 (8th Cir.1991); United States v. Contreras, 937 F.2d 1191 (7th Cir.1991); United States v. Batista-Polanco, 927 F.2d 14, 22 (1st Cir.1991); United States v. Matos, 907 F.2d 274, 276 (2nd…
- United States v. Morales, 13 F. App'x 521 (9th Cir. 2001).unpublishedUnited States v. Barbosa, 906 F.2d 1366, 1369 (9th Cir.1990).
- United States v. Francisco H. GARCIA Sr., 135 F.3d 667 (9th Cir. 1998).publishedPrior to Dunnigan , we held in United States v. Barbosa, 906 F.2d 1366, 1369-70 (9th Cir.1990), cert. denied, 498 U.S. 961 , 111 S.Ct. 394 , 112 L.Ed.2d 403 (1990), that the district court was not required to make specific findings as to s…
- United States v. Roberto Charles Ysassi, Jr., 95 F.3d 1160 (9th Cir. 1996).unpublishedUnited States v. Ancheta, 38 F.3d 1114, 1117 (9th Cir.1994); United States v. Barbosa, 906 F.2d 1366, 1369 (9th Cir.), cert. denied, 498 U.S. 961 (1990). 14 The United States Sentencing Commission, Guidelines Manual, § 3C1.1 provides: 15 I…
- United States v. George Paul Salemo, 82 F.3d 424 (9th Cir. 1996).unpublished United States v. Barbosa, 906 F.2d 1366, 1369 (9th Cir.), cert. denied, 498 U.S. 961 (1990). 53 Section 3C1.1 requires the district court to increase the offense level by two levels, "[i]f the defendant willfully impeded or obstructed, or…
- United States v. George Ancheta, 38 F.3d 1114 (9th Cir. 1994).publishedUnited States v. Barbosa, 906 F.2d 1366, 1369 (9th Cir.), cert. denied, 498 U.S. 961 , 111 S.Ct. 394 , 112 L.Ed.2d 403 (1990).
- United States v. Jesus Alonso Vizcarra, 29 F.3d 637 (9th Cir. 1994).unpublishedUnited States v. Barbosa, 906 F.2d 1366, 1369 (9th Cir.), cert. denied, 498 U.S. 961 (1990).
- United States v. David Anthony McGee, 5 F.3d 542 (9th Cir. 1993).publishedU.S. v. Barbarosa, 906 F.2d 1366, 1369 (9th Cir.1990), cert. denied, 498 U.S. 961 (1990).
- United States v. McKean, 835 F. Supp. 227 (M.D. Pa. 1993).published See United States v. Batista-Polanco, 927 F.2d 14, 22 (1st Cir.1991); United States v. Matos, 907 F.2d 274, 276 (2d Cir.1990); United States v. Colletti, 984 F.2d 1339, 1347-48 (3d Cir.1992); United States v. Acosta-Cazares, 878 F.2d 945,…
- United States v. Arias-Villanueva, 998 F.2d 1491 (9th Cir. 1993).publishedInitially, we reject the contention that Dunnigan effectively overrules United States v. Barbosa, 906 F.2d 1366, 1369-70 (9th Cir.), cert. denied, 498 U.S. 961 , 111 5.Ct. 394, 112 L.Ed.2d 403 (1990), in which we held that the district cou…
Show 30 more citing cases
- United States v. David Arias-Villanueva, United States of Am. v. Carlos Humberto Orantes-Arriaga, United States of Am. v. Adolfo Plancarte-Raya, 998 F.2d 1491 (9th Cir. 1993).publishedThe Court determined that the generalized finding 6 at issue was sufficient because it encompassed all the factual predicates for a finding of perjury but noted that "it is preferable for a district court to address each element of the all…
- United States v. Adalberto Rubio-Topete, 999 F.2d 1334 (9th Cir. 1993).publishedUnited States v. Barbosa, 906 F.2d 1366, 1369 (9th Cir.), cert. denied, 498 U.S. 961 , 111 S.Ct. 394 , 112 L.Ed.2d 403 (1990).
- United States v. Ricardo Rodriquez-Macias, 914 F.2d 1204 (9th Cir. 1990).published
- United States v. Adegboyega Akitoye, 923 F.2d 221 (1st Cir. 1991).published
- United States v. Calixtro Torres-Rodriguez, United States of Am. v. Ricardo Guardado, United States of Am. v. Trinidad J. Estrada-Solorzano, United States of Am. v. Am Paro Madriz, 930 F.2d 1375 (9th Cir. 1991).published
- United States v. Quintana-Rascon v. Gonzales, 940 F.2d 1537 (9th Cir. 1991).unpublished
- United States v. Thomas Dale Tonkin, 942 F.2d 795 (9th Cir. 1991).unpublished
- United States v. Margaret Ann Whidden, 942 F.2d 795 (9th Cir. 1991).unpublished
- United States v. Sharon Dunnigan, 944 F.2d 178 (4th Cir. 1991).published
- United States v. Paul Siegert, 952 F.2d 408 (9th Cir. 1991).unpublished
- United States v. Thomas Howard Redling, 952 F.2d 408 (9th Cir. 1992).unpublished
- United States v. Mahmoud Mohd, 956 F.2d 275 (9th Cir. 1992).unpublished
- United States v. Kevin Delmont Foster, 967 F.2d 593 (9th Cir. 1992).unpublished
- United States v. Douglas Dean Hannam, 972 F.2d 1345 (9th Cir. 1992).unpublished
- United States v. Gary Hugh Orton, 972 F.2d 1346 (9th Cir. 1992).unpublished
- United States v. Robert F. Collins, 972 F.2d 1385 (5th Cir. 1992).published
- United States v. Emmanuel Moreno Dela, 977 F.2d 592 (9th Cir. 1992).unpublished
- United States v. Gary Michael Dawson, 980 F.2d 739 (9th Cir. 1992).unpublished
- United States v. Tomas Canul-Basto, 980 F.2d 739 (9th Cir. 1992).unpublished
- United States v. Benjamin Niebla-Pacheco, United States of Am. v. Julio Cesar Quintero-Romero, United States of Am. v. Sergio Alejandro Leon-Villareal, 980 F.2d 740 (9th Cir. 1992).unpublished
- United States v. Artem B. David, 983 F.2d 1078 (9th Cir. 1993).unpublished
- United States v. Keith A. Worthy, 988 F.2d 126 (9th Cir. 1993).unpublished
- United States v. Tommy Lee Owens, 991 F.2d 792 (4th Cir. 1993).unpublished
- United States v. Margarita Alvarez-Godoy, 993 F.2d 884 (9th Cir. 1993).unpublished
- United States v. Michael H. Weitzenhoff, 1 F.3d 1523 (9th Cir. 1993).published
- United States v. Michael H. Weitzenhoff Thomas W. Mariani, 35 F.3d 1275 (9th Cir. 1994).published
- United States v. Gary Wayne Adams, 134 F.3d 379 (9th Cir. 1998).unpublished
- United States v. James Lavelle Gaither, 245 F.3d 1064 (9th Cir. 2001).published
- United States v. Koon, 833 F. Supp. 769 (C.D. Cal. 1993).published
- United States v. Torres-Rodriguez, 930 F.2d 1375 (9th Cir. 1991).published
At page 1370 Reviewing sentencing deference to district court credibility findings29 citing cases“a court reviewing the imposition of a sentence under the guidelines should give 'due regard to the opportunity of the district court to judge the credibility of the witnesses.”
- United States v. Don A. Thompson (A/k/a John F. Shellington), 962 F.2d 1069 (D.C. Cir. 1992).published But see United States v. Willis, 940 F.2d 1136, 1140 (8th Cir.1991); United States v. Contreras, 937 F.2d 1191 (7th Cir.1991); United States v. Batista-Polanco, 927 F.2d 14, 22 (1st Cir.1991); United States v. Matos, 907 F.2d 274, 276 (2nd…
- United States v. Medina-Mendoza, 528 F. App'x 658 (7th Cir. 2013).unpublished See United States v. Dinga, 609 F.3d 904, 909 (7th Cir.2010); United States v. Griffin, 310 F.3d 1017, 1021, 1024 (7th Cir.2002); United States v. Sisti, 91 F.3d 305, 313 (2d Cir.1996); United States v. Onumonu, 999 F.2d 43, 46-47 (2d Cir.…
- Tuan Van Tran v. Gary Lindsey, 212 F.3d 1143 (9th Cir. 2000).published(holding that firm conviction test applies to review of district court’s application of Sentencing Guidelines to the facts)
- United States v. Joseph Ingram, 113 F.3d 1243 (9th Cir. 1997).unpublishedWe have held that this note "simply instructs the sentencing judge to resolve in favor of the defendant those conflicts about which the judge, after weighing the evidence, has no firm conviction." United States v. Barbosa, 906 F.2d 1366, 1…
- United States v. Miguel Reyes Magallanes, 105 F.3d 667 (9th Cir. 1996).unpublishedThe district judge's conclusion merits due deference because of the district judge's opportunity to observe Magallanes' demeanor and otherwise to assess his credibility. 18 U.S.C. § 3742 (e); United States v. Barbosa, 906 F.2d 1366, 1370 (…
- United States v. Kenneth Joel Novak, United States of Am. v. Christopher Ray Wittman, 99 F.3d 1147 (9th Cir. 1996).unpublishedUnited States v. Barbosa, 906 F.2d 1366, 1370 (9th Cir.), cert. denied, 498 U.S. 961 (1990). 15 Before the court can impose the two-level increase, however, it "must find that [the defendant] gave (1) false testimony, (2) on a material mat…
- United States v. Johnie D. Ford, 83 F.3d 434 (10th Cir. 1996).publishedThe district court makes its factual determinations under a preponderance of the evidence standard, United States v. Beaulieu, 900 F.2d 1537, 1540 (10th Cir.), cert. denied, 497 U.S. 1009 (1990), and perjury may be proved through circumsta…
- United States v. George Paul Salemo, 82 F.3d 424 (9th Cir. 1996).unpublished United States v. Barbosa, 906 F.2d 1366, 1369 (9th Cir.), cert. denied, 498 U.S. 961 (1990). 53 Section 3C1.1 requires the district court to increase the offense level by two levels, "[i]f the defendant willfully impeded or obstructed, or…
- United States v. Von Dale Massey, Sr., United States of Am. v. Sandra Wilkins, United States of Am. v. Jack Z. Wilkins, 48 F.3d 1560 (10th Cir. 1995).publishedCir. 1992) (in order to impose enhancement, the elements of perjury “must not only be clearly established, ... but also must be sufficiently far-reaching as to impose some incremental burdens on the government, either in investigation or i…
- United States v. Vernon A. Montague, 40 F.3d 1251 (D.C. Cir. 1994).publishedSee United States v. Rojo-Alvarez, 944 F.2d 959, 969 (1st Cir.1991) (finding that the cautionary note “simply instructs the sentencing judge to resolve in favor of the defendant those conflicts about which the judge, after weighing the evi…
Show 18 more citing cases
- Ninth Circuit Rule 36-3 Provides That Dispositions Other Than Opinions or Orders Designated for Pub. Are Not Precedential & Should Not Be Cited Except When Relevant Under the Doctrines of Law of the Case, Res Judicata, or Collateral Estoppel. United States of Am. v. Renee Lynn White, AKA Renee Lynn Vickery, United States of Am. v. Robert Vickery, United States of Am. v. Mark Douglas Pirtle, 12 F.3d 1110 (9th Cir. 1993).unpublishedUnited States v. Barbosa, 906 F.2d 1366, 1370 (9th Cir.), cert. denied, 498 U.S. 112 (1990). 29 Pirtle also argues that his sentence was improperly enhanced for obstruction of justice pursuant to section 3C1.1.
- United States v. Peter Charles Acuna, 9 F.3d 1442 (9th Cir. 1993).publishedUnited States v. Barbosa, 906 F.2d 1366, 1370 (9th Cir.), cert. denied, 498 U.S. 961 , 111 S.Ct. 394 , 112 L.Ed.2d 403 (1990).
- United States v. McKean, 835 F. Supp. 227 (M.D. Pa. 1993).published See United States v. Batista-Polanco, 927 F.2d 14, 22 (1st Cir.1991); United States v. Matos, 907 F.2d 274, 276 (2d Cir.1990); United States v. Colletti, 984 F.2d 1339, 1347-48 (3d Cir.1992); United States v. Acosta-Cazares, 878 F.2d 945,…
- United States v. Ojiabo Ifeanyi Onumonu, 999 F.2d 43 (2d Cir. 1993).publishedAccord United States v. Akitoye, 923 F.2d 221, 229 (1st Cir.1991) (obstruction of justice enhancement for knowingly false testimony does not require directly contradictory testimony; circumstantial evidence is sufficient); United States v.…
- United States v. Adegboyega Akitoye, 923 F.2d 221 (1st Cir. 1991).published
- United States v. Margaret Ann Whidden, 942 F.2d 795 (9th Cir. 1991).unpublished
- United States v. Gary Michael Dawson, 980 F.2d 739 (9th Cir. 1992).unpublished
- United States v. Dennis Andrew Larson, 958 F.2d 379 (9th Cir. 1992).unpublished
- United States v. Joseph J. Pavlico, 961 F.2d 440 (4th Cir. 1992).published
- United States v. Anne E. Cunavelis, 969 F.2d 1419 (2d Cir. 1992).published
- United States v. Joseph B. Montoya, 46 F.3d 1147 (9th Cir. 1995).unpublished
- United States v. Donovan Dwayne Oliver Darryl Lee McMillan Nathaniel Jones, 60 F.3d 547 (9th Cir. 1995).published
- United States v. David A. Frye, 64 F.3d 667 (9th Cir. 1995).unpublished
- United States v. Dean Martin Arnold, 106 F.3d 37 (3d Cir. 1997).published
- United States v. Eligio Ramirez-Morales, 125 F.3d 860 (9th Cir. 1997).unpublished
- United States v. Arnold, No. 96-1174 (3d Cir. Feb. 4, 1997).
- United States v. Terrance Baker, 58 F.4th 1109 (9th Cir. 2023).published
- United States v. Iagounov, No. 25-1052 (9th Cir. Mar. 17, 2026).unpublished
v.
Andes-Mar Pereira BARBOSA, Defendant-Appellant
Defendant Andes-Mar Pereira Barbosa appeals his conviction, following a jury trial, for importation of cocaine, in violation of 21 U.S.C. §§ 952(a) and 960, and possession with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). He also challenges the district court’s application of Sentencing Guideline § 3C1.1 to increase his offense level by two points. We affirm.
After arriving in the Los Angeles International Airport on a flight from Rio de Janeiro, Barbosa was stopped by Customs Inspector Charles Carlson and asked to present his luggage for inspection. As a result of the inspection, Barbosa was discovered to be carrying two chessboards, in which an aggregate of six and one-half pounds of cocaine was concealed.
Barbosa denied any knowledge of the drugs, telling Customs Agent Lynn Wood that he had received the chess sets from a man named Felix who asked him to deliver them to someone called Charley. He also admitted having brought three similar chess sets into the U.S. on a previous trip, which he also delivered to Charley, who had been waiting for him outside the Cus[*1368] toms Inspection area. Agent Wood allowed Barbosa to leave the inspection area under surveillance, but no one made contact with Barbosa. In a subsequent interview with Drug Enforcement Administration Agent Bullock, Barbosa gave a somewhat different account of how he came to be delivering chessboards to Charley on this occasion and on his previous trip. Throughout the investigation, Barbosa denied any knowledge of the contents of the chessboards.
A. Sufficiency of the Evidence
Barbosa first argues that there was insufficient evidence to support the jury’s verdict that he knowingly and intentionally imported and possessed cocaine. This court reviews such a challenge to determine whether, viewing the evidence in the light most favorable to the government, a rational trier of fact could conclude that the evidence was adequate to prove guilt beyond a reasonable doubt. United States v. Collins, 764 F.2d 647, 650-51 (9th Cir.1985) (citing Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979)).
Circumstantial evidence may prove knowledge or intent in cases involving possession or importation of large quantities of narcotics. See e.g., United States v. Walitwarangkul, 808 F.2d 1352, 1354 (9th Cir.), cert. denied, 481 U.S. 1023, 107 S.Ct. 1909, 95 L.Ed.2d 515 (1987); United States v. Guzman, 446 F.2d 1137, 1139 (9th Cir.1971), ce rt. denied, 404 U.S. 1022, 92 S.Ct. 697, 30 L.Ed.2d 672 (1972); United States v. Sutton, 446 F.2d 916, 920 (9th Cir.1971), cert. denied, 404 U.S. 1025, 92 S.Ct. 699, 30 L.Ed.2d 675 (1972). Indeed, mere possession of a substantial quantity of narcotics is sufficient to support an inference that a defendant knowingly possessed the narcotics. See Collins, 764 F.2d at 652 (defendant’s possession of shipment containing eight and one-half pounds of cocaine sufficient to support jury finding of actual knowledge); cf. Walitwarangkul, 808 F.2d at 1354 (defendant’s actual possession of suitcase holding over one kilogram of heroin adequate to support conviction when coupled with other circumstantial evidence).
Barbosa emphasizes that he repeatedly denied knowledge of the contents of the chessboards, was unfailingly cooperative in offering his luggage for inspection and answering inspectors’ questions, and made no attempt to flee from custody at the airport. He also points to the absence of any finding of his fingerprints on the chessboards and argues that, taken together, these facts dictate a finding by this court that the evidence of his knowledge was insufficient to support the verdict. His argument is unpersuasive.
Barbosa’s possession of six and one-half pounds of cocaine secreted in the chessboards is undisputed. As noted, this court has found that a defendant’s mere possession of a substantial quantity of drugs may be sufficient to support an inference of knowing possession. But in this case the showing of Barbosa’s possession of the cocaine was supplemented with other evidence also tending to prove his awareness of the contents of his luggage. Apart from the amount of drugs he was carrying, the jury also could have inferred guilty knowledge from Barbosa’s apparent nervousness and anxiety during the airport inspection; from evidence presented by the government that Barbosa had made frequent trips to the U.S., at least one of which was for the purpose of making another “chessboard” delivery; and from the discrepancies in the stories Barbosa told to Special Agents Wood and Bullock. See Walitwarangkul, 808 F.2d at 1354 (jury can infer guilty knowledge from defendant’s changed story); United States v. Tebha, 770 F.2d 1454, 1457 (9th Cir.1985) (same).
The jury also could have discredited Bar-bosa’s own testimony at trial, especially given his shifting accounts of how he made contact with Felix [1] and why he had packed the chessboards so that they were buried at the bottom of his suitcase. Barbosa also[*1369] claimed at one point that part of his reason for coming to the United States this time was to get a book published and that there were people waiting to speak to him about the project. He then later admitted having no appointment to meet anyone here.
In sum, there was ample evidence apart from the fact of his possession of a substantial amount of cocaine to support a jury finding that Barbosa knowingly possessed and imported a controlled substance.
B. Sentencing Challenge
Barbosa also takes issue with the district court’s upward adjustment of his offense level under Sentencing Guideline § 3C1.1 as a result of its determination that Barbo-sa gave materially false testimony at trial. He attacks the application of § 3C1.1 in this case on three grounds: 1) infringement of his constitutional right to trial; 2) chilling effect on his right to testify on his own behalf at trial; and 3) noncompliance with the alleged requirement that the government formally present evidence of material falsehoods in his testimony and the district court make specific findings as to what the alleged falsehoods were which justified application of § 3C1.1.
§ 3C1.1 directs the sentencing judge to increase a defendant’s offense level by two levels “[i]f the defendant willfully impeded or obstructed, or attempted to impede or obstruct the administration of justice during the investigation or prosecution of the instant offense.” As an example of “conduct which may provide a basis for applying this adjustment,” the Application Notes include “testifying untruthfully or suborning untruthful testimony concerning a material fact.” Application Note 1(c). The district judge applied the upward adjustment in this case based on his finding that “what [the defendant] said on the witness stand was pure fantasy, fantasy.”
The district court’s determination that Barbosa obstructed justice is a factual finding which we review for clear error. United States v. Christman, 894 F.2d 339, 342 (9th Cir.1990) (citing 18 U.S.C. § 3742(e)); accord, United States v. Shoulberg, 895 F.2d 882, 884 (2d Cir.1990); United States v. Franco-Torres, 869 F.2d 797, 800 (5th Cir.1989). Barbosa’s constitutional challenges raise questions of law and are subject to review de novo. United States v. Wills, 881 F.2d 823, 825 (9th Cir.1989).
Barbosa first claims a “due process” sort of violation in the district court’s consideration of his false testimony to increase his offense level. He notes that giving false testimony under oath would constitute violation of several federal laws and argue that allowing enhancement under the Guidelines for such acts essentially permits punishment for what amount to criminal violations without requiring the government to prove the elements beyond a reasonable doubt. We consider this argument to be foreclosed by the Supreme Court’s decision in United States v. Grayson, 438 U.S. 41, 98 S.Ct. 2610, 57 L.Ed.2d 582 (1977). Holding that a sentencing judge, in fixing the sentence of a defendant within statutory limits [2] , may consider the defendant’s false testimony observed by the judge during trial, the Court dismissed Grayson’s claim that such a practice constituted punishment for the crime of perjury, for which he had not been indicted, tried, or convicted by due process. Id. at 52, 98 S.Ct. at 2616. Rather, the Court stated, “it is proper — indeed, even necessary for the rational exercise of discretion — to consider the defendant’s whole person and personality, as manifested by his conduct at trial and his testimony under oath, for whatever light those may shed on the sentencing decision.” Id. at 53, 98 S.Ct. at 2617. The enactment of the Guidelines has not altered this analysis. See United States v. Belgard, 894 F.2d 1092, 1099 (9th Cir.1990).
Barbosa’s claim of a constitutional violation stemming from the “chilling effect” on his right to testify at trial similarly was answered by the Court in Grayson. Pointing out that “[t]here is no protected right to commit perjury,” the Court declared Grayson’s argument that judicial consideration of his conduct at trial imper-[*1370] missibly “chills” a defendant’s right to testify on his own behalf “entirely frivolous.” Id. 438 U.S. at 54-55, 98 S.Ct. at 2617-18. This court too has consistently recognized the propriety of a sentencing court’s enhancing a sentence because of false testimony by a defendant. See United States v. Martinez-Navarro, 604 F.2d 1184, 1186 (9th Cir.1979) (per curiam), cert. denied, 444 U.S. 1084, 100 S.Ct. 1041, 62 L.Ed.2d 769 (1980); United States v. Lustig, 555 F.2d 737, 751 (9th Cir.), cert. denied, 434 U.S. 926, 98 S.Ct. 408, 54 L.Ed.2d 285 (1977).
The Sixth Circuit recently considered and rejected a similar claim under § 3C1.1, holding that “in applying the guidelines, there is no constitutional protection against increased sentencing where it is believed that the defendant attempted to obstruct justice by lying during his testimony.” United States v. Acosta-Cazares, 878 F.2d 945, 953 (6th Cir.1989). We agree.
Finally, Barbosa cites no authority but invokes this court’s sense of “fairness” and “appropriateness” in advancing his argument that the determination of his sentence was infirm because the government failed to present any direct evidence of material falsehoods in his testimony and because the district court made no elaborate enumerations of which of Barbosa’s false statements induced its decision to apply the two-level upward adjustment. As the government points out, neither this court nor the Supreme Court has ever imposed a requirement that a district court make specific findings as to those portions of a defendant’s testimony it believes to have been falsified. See e.g., United States v. Sanchez-Lopez, 879 F.2d 541, 557 (9th Cir.1989) (approving language in Fifth Circuit case encouraging judges to supply more specific findings in sentencing cases, but nevertheless holding that district court’s statement that the defendant was not a ‘minor participant’ for guidelines purposes will suffice as a factual finding).
According to the provisions of 18 U.S.C. § 3742(e), a court reviewing the imposition of a sentence under the Guidelines should give "due regard to the opportunity of the district court to judge the credibility of the witnesses” and “due deference to the district court’s application of the Guidelines to the facts.” See id. It is true, as Barbosa points out, that the Application Notes to 3C1.1 require that “[i]n applying this provision, suspect testimony and statements should be evaluated in a light most favorable to the defendant.” Application Note 2, § 3C1.1. However, we agree with the Fifth Circuit that:
this note does not require the ... court to believe the defendant, but ‘simply instructs the sentencing judge to resolve in favor of the defendant those conflicts about which the judge, after weighing the evidence, has no firm conviction.’
United States v. Garcia, 902 F.2d 324 (5th Cir.1990) (quoting Franco-Torres, 869 F.2d at 801).
Given the alterations of Barbosa’s story at trial and the government’s presentation of circumstantial evidence contradicting his claimed lack of knowledge about the cocaine, we find no clear error in the district court's finding that Barbosa’s testimony constituted “pure fantasy.” See United States v. Wagner, 884 F.2d 1090, 1098 (8th Cir.1989) (based on testimony by the defendant which was contradicted by testimony of law enforcement officers and which, consistent with the jury’s verdict, the district court deemed untruthful, court concluded that adjustment for obstruction of justice was lawfully applied); Franco-Torres, 869 F.2d at 801 (upholding upward adjustment under § 3C1.1 where there was sufficient evidence in the record to permit sentencing judge to conclude that defendant had obstructed the administration of justice).
AFFIRMED.
. Barbosa at first denied having been able to reach Felix by telephone, but then later in his testimony inadvertently referred to a phone call he made to Felix. Upon being questioned about the inconsistency, Barbosa then said he had a "temporary" phone number for Felix.
. Barbosa's sentence is within the guidelines range for his offenses.