Unpublished Disposition, 881 F.2d 1085 (9th Cir. 1989)

MEMORANDUM^** 

A jury convicted Evangelina Torres-Uriarte of importation of marijuana, 21 U.S.C. §§ 952(a), 960(a) (1), and 960(b) (3) (1982 & Supp. V 1987), and possession with intent to distribute more than 50 kilograms of marijuana, 21 U.S.C. §§ 841(a) (1) and 841(b) (1) (C) (1982 & Supp. V 1987), after she attempted to drive from Mexico into the United States in a Ford Bronco with 59 kilograms of marijuana hidden in its rear tires and its gas tank. She appeals, challenging the district court's denial of her motion for judgment of acquittal. We affirm.

We review the sufficiency of evidence to support a conviction and the denial of a motion for judgment of acquittal by determining whether, when the evidence is viewed in a light most favorable to the government, any rational jury could find beyond a reasonable doubt each of the essential elements of the crimes charged. Jackson v. Virginia, 443 U.S. 307, 319-20 (1979); United States v. Penagos, 823 F.2d 346, 347 (9th Cir. 1987).

1. Torres first argues that there was insufficient evidence that she knew she was in possession of the marijuana as required by Penagos, 823 F.2d at 350. In United States v. Haro-Portillo, 531 F.2d 962 (9th Cir. 1976), however, we held, under virtually identical circumstances, that driving a car laden with marijuana itself provides a sufficient basis for the jury to infer knowing possession of the contraband. Id. at 963. We also noted that this inference may be strengthened by inconsistencies and improbabilities in the defendant's story. Id.

Torres admitted that, before the marijuana was discovered, she lied to Customs officials about the circumstances of her visit to Mexico, her purpose in crossing the border and the ownership of the vehicle. She then offered a second story so implausible that the jury could infer knowledge. Aguilar v. United States, 363 F.2d 379, 381 (9th Cir. 1966), cert. denied, 388 U.S. 921 (1967). Finally, Torres' sudden nervousness when asked about narcotics can serve as circumstantial evidence of her knowing possession. See United States v. Walitwarangkul, 808 F.2d 1352, 1354 (9th Cir.), cert. denied, 481 U.S. 1023 (1987).

2. Torres provides no authority for her second contention that the government failed to offer sufficient evidence that the entire cache of material was marijuana. Customs authorities took ten random core samples from ten different bricks of marijuana among the 31 bricks found. The bricks were all similar in appearance and wrapping, and they were concealed in the same locations as the bricks from which the confirmed samples were taken. The arresting Customs agents also identified the retrieved substance as marijuana. See United States v. Irion, 482 F.2d 1240, 1245 (9th Cir.), cert. denied, 414 U.S. 1026 (1973). Based on these facts, we conclude that a rational jury could find beyond a reasonable doubt that the entire 59 kilograms consisted of marijuana.

AFFIRMED.