U.S. v. Vila, Nos. 843

CourtUnited States Courts of Appeals. United States Court of Appeals (2nd Circuit)
Writing for the CourtBefore MULLIGAN, TIMBERS and VAN GRAAFEILAND; MULLIGAN
Citation599 F.2d 21
Parties4 Fed. R. Evid. Serv. 507 UNITED STATES of America, Appellee, v. Jaime VILA, Narcisco Guzman, and Luis Hernandez, Defendants-Appellants. ockets 79-1007 to 79-1009.
Docket NumberNos. 843,844 and 847,D
Decision Date01 May 1979

Page 21

599 F.2d 21
4 Fed. R. Evid. Serv. 507
UNITED STATES of America, Appellee,
v.
Jaime VILA, Narcisco Guzman, and Luis Hernandez,
Defendants-Appellants.
Nos. 843, 844 and 847, Dockets 79-1007 to 79-1009.
United States Court of Appeals,
Second Circuit.
Argued April 4, 1979.
Decided May 1, 1979.

Page 22

James A. Moss, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, Howard W. Goldstein, Asst. U. S. Atty., New York City, of counsel), for appellee.

Harvey J. Michelman, New York City (Michelman & Michelman, New York City, Jon M. Probstein, New York City, of counsel), for defendant-appellant Vila.

David S. Zapp, New York City (Jon M. Probstein, New York City, of counsel), for defendant-appellant Hernandez.

Philip R. Edelbaum, New York City, for defendant-appellant Guzman.

Page 23

Before MULLIGAN, TIMBERS and VAN GRAAFEILAND, Circuit Judges.

MULLIGAN, Circuit Judge:

Jaime Vila, Narcisco Guzman and Luis Hernandez were convicted by a jury after a trial before the Hon. Pierre N. Leval, United States District Judge, Southern District of New York, of conspiracy to distribute, and to possess with intent to distribute, heroin and cocaine, in violation of 21 U.S.C. § 846, and of distributing approximately one and one-half kilograms of cocaine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A) and 18 U.S.C. § 2. Vila, Guzman and Hernandez were sentenced to and are presently serving concurrent prison terms of fifteen, nine and two and one-half years, respectively, to be followed by special parole terms of twenty, five and five years, respectively. Vila was also fined $20,000 on each count.

I

The evidence at trial established that Jaime Vila organized and supervised a widespread narcotics enterprise whose members possessed and distributed substantial quantities of heroin and cocaine in New York City and in California from late 1975 through late 1977. The Government's case focused on the involvement of Vila and eight members of his organization in the distribution of one and one-half kilograms of cocaine on August 10, 1977. The proof established a narcotics network with activities controlled by Vila in New York, California and Puerto Rico. Vila and his associates smuggled large quantities of heroin from Tijuana, Mexico into Los Angeles, California, where it was processed and then flown to New York City for distribution. Members of Vila's organization also sold wholesale quantities of cocaine, according to the instructions of Vila, in New York City and Los Angeles. Payments for the narcotics sales were made to Vila's associates both in New York and in Puerto Rico. Part of the proceeds were used to purchase real estate in Puerto Rico and Florida and to invest in businesses in Puerto Rico and the Bronx.

II

Appellants present numerous issues for review, most of which are frivolous and may be disposed of summarily. Appellants Vila and Hernandez contend that the destruction of rough notes taken by New York City Police Detective Raymond Vallely during debriefing sessions of one of the Government witnesses, Sonny Perlman, constituted a willful suppression by the Government of evidence favorable to appellant within the meaning of Brady v. Maryland,373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). We disagree. Appellants never made this claim in the district court and cannot raise it here. See United States v. Braunig, 553 F.2d 777, 780-81 (2d Cir.), Cert. denied,431 U.S. 959, 97 S.Ct. 2686, 53 L.Ed.2d 277 (1977). In addition, as appellants acknowledge, before they may be viewed as Brady material, the rough notes taken by Detective Vallely must be capable of Substantially impeaching the credibility of Perlman. See Giles v. Maryland, 386 U.S. 66, 87 S.Ct. 793, 17 L.Ed.2d 737 (1967); cf. United States v. Miller, 411 F.2d 825 (2d Cir. 1969) (Jencks Act). The uncontradicted testimony of Detective Vallely established that the notes were virtually consistent with Perlman's final debriefing statement 1 and with his trial testimony. The mere fact that Perlman's recollection of dates and meetings improved from one debriefing session to the next could not have been used to substantially impeach his credibility.

Appellant Vila argues that his Sixth Amendment right to a speedy trial was abridged because he was not brought to trial within such period of time as was

Page 24

"reasonable under the circumstances." 2 Vila was brought to trial in the Southern District of New York on March 20, 1978, 126 days after his arrest in Los Angeles. The relevant provisions of the Speedy Trial Act were not violated since Vila's trial took place within 120 days of his arraignment. 18 U.S.C. § 3161(b), (c), (f) and (g). With respect to appellant's Sixth Amendment right, the Supreme Court has held that "(l)ength of delay, the reason for the delay, the defendant's assertion of his right, and prejudice to the defendant" are factors to be considered in speedy trial cases. In the instant case, the delay was shorter than in other cases where no Sixth Amendment violation was found. Barker v. Wingo, 407 U.S. 514, 533, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972) ("well over five years"); United States v. Lane, 561 F.2d 1075, 1078 (2d Cir. 1977) ("approximately 58 months"); United States v. Saglimbene, 471 F.2d 16, 17 (2d Cir. 1972), cert. denied, 411 U.S. 966, 93 S.Ct. 2146, 36...

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34 practice notes
  • U.S. v. Maldonado-Rivera, MALDONADO-RIVER
    • United States
    • U.S. Court of Appeals — Second Circuit
    • December 12, 1990
    ...convert a single conspiracy into multiple conspiracies. See United States v. Martino, 664 F.2d at 876-77; United States v. Vila, 599 F.2d 21, 24 (2d Cir.), cert. denied, 444 U.S. 837, 100 S.Ct. 73, 62 L.Ed.2d 48 (1979). Indeed, it is not necessary that the conspirators know the identities o......
  • U.S. v. Tarantino, Nos. 85-5808
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • April 12, 1988
    ...v. Bibbero, 749 F.2d 581, 587 (9th Cir.1984), cert. denied, 471 U.S. 1103, 105 S.Ct. 2330, 85 L.Ed.2d 847 (1985); United States v. Vila, 599 F.2d 21, 24 (2d Cir.), cert. denied, 444 U.S. 837, 100 S.Ct. 73, 62 L.Ed.2d 48 (1979). Finally, although the evidence did not establish that Bell dire......
  • U.S. v. Whitley, Nos. 83-5428
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • May 2, 1984
    ...Controlled Substance is not a constitutional violation. United States v. Kolenda, 697 F.2d 149, 150 (6th Cir.1983); United States v. Vila, 599 F.2d 21, 25 (2d Cir.), cert. denied, 444 U.S. 837, 100 S.Ct. 73, 62 L.Ed.2d 48 (1979); Government of Canal Zone v. Davis, 592 F.2d 887, 890 (5th Cir......
  • U.S. v. Bagaric, Nos. 887
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • April 14, 1983
    ...(collecting cases). Long duration, change in membership, or "a shifting emphasis in its locale of operation," United States v. Vila, 599 F.2d 21, 24 (2d Cir.), cert. denied, 444 U.S. 837, 100 S.Ct. 73, 62 L.Ed.2d 48 (1979), do not transform a single conspiracy into several. Here, the jury w......
  • Request a trial to view additional results
34 cases
  • U.S. v. Maldonado-Rivera, MALDONADO-RIVER
    • United States
    • U.S. Court of Appeals — Second Circuit
    • December 12, 1990
    ...convert a single conspiracy into multiple conspiracies. See United States v. Martino, 664 F.2d at 876-77; United States v. Vila, 599 F.2d 21, 24 (2d Cir.), cert. denied, 444 U.S. 837, 100 S.Ct. 73, 62 L.Ed.2d 48 (1979). Indeed, it is not necessary that the conspirators know the identities o......
  • U.S. v. Tarantino, Nos. 85-5808
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • April 12, 1988
    ...v. Bibbero, 749 F.2d 581, 587 (9th Cir.1984), cert. denied, 471 U.S. 1103, 105 S.Ct. 2330, 85 L.Ed.2d 847 (1985); United States v. Vila, 599 F.2d 21, 24 (2d Cir.), cert. denied, 444 U.S. 837, 100 S.Ct. 73, 62 L.Ed.2d 48 (1979). Finally, although the evidence did not establish that Bell dire......
  • U.S. v. Whitley, Nos. 83-5428
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • May 2, 1984
    ...Controlled Substance is not a constitutional violation. United States v. Kolenda, 697 F.2d 149, 150 (6th Cir.1983); United States v. Vila, 599 F.2d 21, 25 (2d Cir.), cert. denied, 444 U.S. 837, 100 S.Ct. 73, 62 L.Ed.2d 48 (1979); Government of Canal Zone v. Davis, 592 F.2d 887, 890 (5th Cir......
  • U.S. v. Bagaric, Nos. 887
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • April 14, 1983
    ...(collecting cases). Long duration, change in membership, or "a shifting emphasis in its locale of operation," United States v. Vila, 599 F.2d 21, 24 (2d Cir.), cert. denied, 444 U.S. 837, 100 S.Ct. 73, 62 L.Ed.2d 48 (1979), do not transform a single conspiracy into several. Here, the jury w......
  • Request a trial to view additional results

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