United States v. Zandi

769 F.2d 229 (4th Cir. 1985)

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Nature of the Case

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Facts

Ds, Mehdi, and Hadi are brothers who were living with their Uncle Noormohammedi in the United States. Ds are Iranian citizens. Morteza Zandi is a brother of Ds who, in 1982, fled Iran and went to Pakistan. While in Pakistan, Morteza received financial support from Ds amounting to $10,000 by August 3, 1983. Mehdi called Morteza in Pakistan. Mehdi recorded the conversation. They talked about a 'box of presents' which was to be sent to the United States from Pakistan. The box was to be sent to a post office box number provided by Mehdi. Morteza requested that $3,000 be sent to him. Hadi sent Morteza the money. A few days later, the manifest to the box referred to in the original conversation was sent to a post office box of the Uncle's friend, Mohammed Ayat. The return address was a hotel in Pakistan. The manifest indicated that the package contained 'gift cloth.' The package was addressed to 'Kamran Divani KISA.' The name of the shipper was false. On October 24, Ds learned that the package had arrived at Dulles airport. Ds went to pick it up. They paid $5.00 to obtain an airway bill receipt and a carrier's certificate. Ds took the documents to Cosimano, Inc., in whose bonded warehouse the package was being stored. Cosimano told them that they had to pay a $50.00 storage fee and a $20.00 after-hours surcharge before receiving the package. On October 25, 1983, Mehdi returned to the warehouse, paid the $50.00 storage fee, obtained the receipt for it, and produced the airway bill and carrier's certificate. A warehouse employee brought the package to the front office. She also informed Mehdi that a Customs inspector was in the office ready to clear the package. Mehdi left abruptly without obtaining the package. The warehouse staff called the customs inspector who opened the package and discovered packets of opium. Some of the opium was removed and the box was resealed. The next day Ds drove to the warehouse and Hadi went inside to claim the package. After Hadi was handed the package, he was asked by a customs officer to open it for inspection. During the inspection, the opium was discovered. Ds were arrested, indicted, and convicted. Ds appealed.