Alfredo Ray Bryan, Jr. v. United States

Appellant stands convicted of the unlawful sale of heroin, in violation of Title 26 U.S.C. §§ 4705 (a) and 7237. Upon this appeal he contends that his conviction was founded upon an involuntary confession.

He was arrested upon warrant on December 7, 1958, in Los Angeles, California, and was arraigned before a commissioner the following day. At that time he pleaded not guilty. Bail was set at $10,000.00 and his preliminary hearing was set for January 15, 1959. No objection to this setting was made by appellant. On January 14, 1959, the federal grand jury convened and indicted appellant, eliminating the necessity for the preliminary hearing. On January 19, 1959, he was arraigned in the district court and entered a plea of not guilty. Trial and verdict followed in due course.

After arraignment by the commissioner and prior to indictment, appellant, unable to meet bail, remained in jail. Several days after his arrest (the precise day does not appear) a federal agent spoke to him about 'the possibility of his cooperating with the Bureau of Narcotics in the apprehension of other narcotic violators. Appellant volunteered that he could help catch other important violators in the area,…