United States v. Rivera
| Decision Date | 11 June 1965 |
| Docket Number | No. 447,Docket 29380.,447 |
| Citation | 346 F.2d 942 |
| Parties | UNITED STATES of America, Appellee, v. Enrique RIVERA, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Second Circuit |
Malcolm A. Moore, New York City (Anthony F. Marra, Legal Aid Society, New York City, of counsel), for appellant.
R. Harcourt Dodds, Asst. U. S. Atty., New York City, Robert M. Morgenthau, U. S. Atty. for Southern District of New York (Jack D. Samuels, Asst. U. S. Atty., New York City, of counsel), for appellee.
Before LUMBARD, Chief Judge, and FRIENDLY and HAYS, Circuit Judges.
Defendant was convicted of violating 21 U.S.C. §§ 173, 174 (1958) by the illegal sale of a narcotic drug. He raises three issues on this appeal: (A) that there was insufficient evidence of his possession of the drugs to justify conviction; (B) that the eleven-month delay between the transaction of July 3, 1962, and the arrest on June 4, 1963, deprived him of his Sixth Amendment right to a speedy trial, and (C) that the trial court erred in admitting the transcript of an interrogation by the Assistant United States Attorney because the taking of such a transcript after an unnecessary delay in arraignment violated Rule 5(a) of the Federal Rules of Criminal Procedure, Mallory v. United States, 354 U.S. 449, 77 S.Ct. 1356, 1 L.Ed.2d 1479 (1957), and because such interrogation in the absence of counsel deprived defendant of his Sixth Amendment right to counsel, Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964).
(A) The evidence of defendant's possession of the illicit narcotics was ample. See United States v. Davis, 328 F.2d 864 (2d Cir. 1964). Moreover, defendant arranged the sale and the price for the sale of the narcotics and received the money. According to the inferences reasonably drawn from government testimony, defendant had "a working relationship" with his supplier Rojas "which would enable him to assure delivery." United States v. Hernandez, 290 F.2d 86, 90 (2d Cir. 1961).
(B) Defendant's contention that the eleven-month delay between the time of the alleged offense and the time of his arrest deprived him of his Sixth Amendment right to a speedy trial is without merit absent any "showing that the delay * * * was prejudicial or part of a deliberate, purposeful and oppressive design for delay." United States v. Wilson, 342 F.2d 782, 783 (2d Cir. 1965).
(C) We do not reach the question relating to Escobedo since...
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