Nature of the Case
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Facts
D is a mother of five. She frequently visited friends and relatives in Mexicali, Mexico. A friend named Armando Lopez, whom she said she had known for one month, had left a van at her apartment, so she borrowed it and left for Mexico with her daughters. Upon their return to the U.S. about two hours later, a customs official at the Calexico port of entry overheard D speaking in Spanish to her daughters, all of whom were sitting on the front seats of the van, telling them to be quiet and not say anything. The inspector noticed the odor of marijuana inside the van. The odor was stronger when the door of the van was opened. Drug-sniffing dogs alerted customs agents to several areas in the van, and they found 43 pounds of cocaine and 417 pounds of marijuana. D denied any knowledge of the drugs and claimed that she does not recognize the smell of marijuana. At trial, the court rendered a Jewell instruction. D was convicted and appealed.
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