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Name: U.S. v. Magallon-Jiminez
Case #: 99-50561
Court: US Court of Appeals
District 9 Cir
Opinion Date: 07/21/2000
Subsequent History: None

There was sufficient evidence to support a conviction for possession of cocaine with intent to distribute where appellant was a passenger in a truck in which five kilograms of cocaine were found. The cocaine was found in a box between appellant’s legs. It is highly unlikely that appellant was sitting in a friend’s truck with a ten pound box of cocaine at his feet if he was merely tagging along with his friend. Given the quantity of substance, there was also sufficient evidence that appellant intended to distribute it.