United States v. Medina & Medina

MEMORANDUM DECISION AND ORDER

Numerous defense motions in cases 85-307-JLI, 85-308-JLI and 85-309-JLI, and related case 84-1099-JLI, came on for hearing June 5, 6 & 7 and July 1, 2, 3 & 10, 1985, before the Honorable J. Lawrence Irving.

Having considered the pleadings, the testimony presented and the oral argument of counsel, the court issues the following memorandum decision.

PROCEDURAL BACKGROUND

Following his arrest on June 27, 1984, Juvenal Gomez-Barajas was indicted, along with Ester and Adolfo Holguin, William Tolmasoff, Victor and Irina Vidal, Bridgett and Mark Witschger, Jose Manuel and Rosalia Antuna, and Manuel Lizarraga-Sanchez on July 6, 1984, in Case No. 84-646. All defendants were charged with conspiracy to possess marijuana in excess of 1,000 pounds with intent to distribute, as well as other narcotics and firearms violations.

On December 11, 1984, by way of secret indictment (unsealed December 13, 1984), Juvenal Gomez-Barajas, Victor and Irina Vidal, Adolfo and Ester Holguin, William Tolmasoff, Manuel Cretin-Sandoval, Mark Wheat, Sheryl Walsh, John Hall and fourteen others, were charged with conspiracy to possess marijuana in excess of 1,000 pounds with intent…