Arias

MEMORANDUM OF DECISION

Vincent W. Arias is in the custody of the Attorney General because of a sentence imposed by this court on February 26, 1973, following his conviction of the offense of conspiracy to possess, and possession of, a controlled substance with the intent to sell, in violation of 21 U.S.C. §§ 846 and 841(a)(1). He seeks to have such judgment set aside pursuant to 28 U.S.C. § 2255 , contending that at the trial he was denied the Sixth Amendment right “to be confronted with the witnesses against him.”

At the trial, Alphonse Moody, an undercover narcotics agent, testified that a drug transaction had been arranged with one Alfred Arellanes in the course of which Arellanes led him to a residential neighborhood in east Los Angeles. Moody testified, “ [Arellanes] told me his people were here, and that he would have to go back and talk to them.” (Tr., page 54). He further testified that Arellanes left Moody’s vehicle, disappeared around the corner, and returned a few minutes later carrying a brown paper bag containing heroin. Gary Carter, a special investigator, and William Olney, a police officer, had been maintaining surveillance around the corner covering an area that…