United States v. Herrera, 71-2141 Summary Calendar.
| Decision Date | 31 January 1972 |
| Docket Number | No. 71-2141 Summary Calendar.,71-2141 Summary Calendar. |
| Citation | 455 F.2d 157 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Jay HERRERA, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Joseph T. Garlovsky, Court appointed, Julius Lucius Echeles, Frederick F. Cohn, William E. Lasko, II, Chicago, Ill., for defendant-appellant.
Anthony J. P. Farris, U. S. Atty., Raul A. Gonzalez, Jack Provine, James R. Gough, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.
Before GEWIN, GOLDBERG and DYER, Circuit Judges.
Herrera appeals from a judgment entered upon a jury conviction for knowingly importing, transporting, and concealing marihuana in violation of 21 U.S.C.A. § 176a. He asserts that the district court erred in admitting hearsay testimony, in its failure to require production of an informant or the disclosure of his identity, in the admission of evidence in violation of Miranda, and in the refusal of the court to interrogate each juror separately concerning the effect of newspaper publicity of the trial upon their consideration of the case. We affirm.
Customs agent Wilkins testified over objection that he was "approached by a prior reliable informant with the information that there was a man in Matamoros (Mexico) attempting . . to smuggle . . . approximately 150 pounds of marihuana into the United States." This testimony was not relied upon by the Government to establish the truth of what was said and the jury was so instructed. The trial court specifically limited the use of this evidence to showing why the customs agent took the action he did to obtain a physical identification of Herrera. In any event, assuming that this testimony is hearsay, the introduction of it was harmless. We are convinced that the judgment of the jury was not influenced by it because the Government's case was convincing independent of the hearsay. United States v. Frost, 5 Cir. 1970, 434 F.2d 607, 608. See United States v. Roland, 5 Cir. 1971, 449 F.2d 1281; United States v. Williamson, 5 Cir. 1971, 450 F.2d 585.
Herrera next complains that the denial of his request for production of the informant or for a disclosure of his identity deprived him of a fair trial. The informer was not a participant in the offense charged. When "`all the evidence discloses is that the informer was an informer and nothing more,' the Government should not be required to identify the informer." United States v. Mendoza, 5 Cir. 1970, 433 F.2d 891, 894, citing Miller v. United States, 5 Cir. 1960, 273 F.2d 279, 281.
Herrera's insistence that each juror, out of the presence of the others,...
To continue reading
Request your trial
-
Hoover v. Beto
...1370 (errors asserted under Bruton, supra, "if errors at all, are harmless beyond a reasonable doubt." Id. at 1370); United States v. Herrera, 5 Cir., 1972, 455 F.2d 157 ("In any event, assuming that this testimony is hearsay, the introduction of it was harmless. We are convinced that the j......
-
State v. Anil, 79-162-C
...States v. Toombs, 497 F.2d 88, 93 (5th Cir. 1974); United States v. Clark, 482 F.2d 103, 104 (5th Cir. 1973); see United States v. Herrera, 455 F.2d 157, 158 (5th Cir. 1973); United States v. Mendoza, 433 F.2d 891, 894 (5th Cir. 1970); Churder v. United States, 387 F.2d 825, 831-32 (8th Cir......
-
Taylor v. State
...686, supra; United States v. Davis, 5 Cir., 487 F.2d 1249; United States v. Clark, 482 F.2d 103, citing on p. 104, United States v. Herrera, 5 Cir., 1972, 455 F.2d 157, 158; United States v. Mendoza, 5 Cir., 1970, 433 F.2d 891, 894; United States v. Tsoi Kwan Sang, 5 Cir., 1969, 416 F.2d 30......
-
U.S. v. Mancillas
...would surely explain the flurry of investigative activity in three states that the jury was soon to hear about. See United States v. Herrera, 455 F.2d 157 (5th Cir. 1972); McCormick's Handbook of the Law of Evidence § 248 at 587 (2d ed. 1972). For this purpose, outlining the background of t......