Roy Solen Daily, Anthony Charles Grech, Samuel Russell Quinn and James Ribero v. United States

Sixteen persons were accused in one count of an indictment of conspiring, in contravention of 18 U.S.C. § 371 , to violate the federal narcotics laws, specifically 26 U.S.C. § 4705 (a). In addition, four persons and others unknown were named as co-conspirators but were not indicted. The charges against eight of those who were indicted have been dismissed, and another of the sixteen persons originally indicted was granted a separate trial. Three of the remaining seven defendants were acquitted by the jury in the District Court. Four were convicted. These four have appealed. In this opinion, however, we decide the appeals of appellants Ribero and Quinn only. Daily and Grech, the other two appellants, have not submitted briefs as required by the Rules of Practice of this court. Consequently, disposition upon the merits of their claims must await the determination of a pending motion to dismiss their appeals.

Appellants Ribero and Quinn claim that the United States alleged a single overall conspiracy in its indictment against them yet proved multiple conspiracies at the trial, and that, assuming the proof did tend to show one overall conspiracy, the evidence was insufficient to…