U.S. v. AYALA-TAPIA

No. 06-2781.

520 F.3d 66 (2008)

UNITED STATES of America, Appellee, v. Justina Jacqueline AYALA-TAPIA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 19, 2008.


Attorney(s) appearing for the Case

Elfrick Mendez-Morales, by appointment of the court, on brief for appellant.

Nelson Pérez-Sosa, Assistant United States Attorney, Chief, Appellate Division, and Rosa Emilia Rodriguez-Velez, United States Attorney, on brief for appellee.

Before BOUDIN, Chief Judge, LYNCH, Circuit Judge, and KEENAN, Senior District Judge.


BOUDIN, Chief Judge.

Justina Ayala-Tapia traveled by overnight ferry from the Dominican Republic to Puerto Rico, arriving at the Mayaguez port on February 1, 2006. Customs officials searched her luggage after an x-ray scan raised their suspicions; they discovered four heavily wrapped packages which, according to a field test and a drug-sniffing dog, contained narcotics. Later testing confirmed the presence of approximately 3.5 kilograms of heroin.

Ayala told...

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