United States Ninth Circuit

In a case involving a commercial truck containing over forty kilograms of cocaine, conviction of possession of cocaine with intent to distribute is affirmed where: 1) a search under Missouri trucking regulations did not violate the 4th Amendment because commercial trucking is a pervasively regulated industry in which reasonable administrative searches do not require a search warrant or probable cause; and 2) direct proof of venue is not necessary where circumstantial evidence in the record as a whole supports the inference that the crime was committed in the district where venue was laid.

Appellate Information

• Decided 10/07/2008
• Published 10/07/2008

Judges

• RAWLINSON, Circuit Judge:, Before:  BARRY G. SILVERMAN, JOHNNIE B. RAWLINSON, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Mary F. Prevost, San Diego, CA, for appellant Modesto Delgado.


• For Appellees:
  
• Lawrence E. Spong, Assistant United States Attorney, San Diego, CA, for appellee United States.