Clarence Derose v. United States

Convicted of selling a narcotic drug unlawfully imported into the United States ( 21 U.S.C. § 174 ) and of forcibly resisting federal officers who were engaged in performance of their duties ( 18 U.S.C. §§ 111 and 1114), DeRose appeals. He attacks only the narcotics conviction, for which he was sentenced to five years. (Sentence on the other count was one year, concurrent).

At the trial, DeRose testified that on February 9, 1962 he took a “special employee” of the government, one Douglas, to a place in San Francisco where the drug was “stashed,” showed him the narcotic (Methadon) and received $500. He claimed, however, that the drug belonged to someone else, one Sonny Watkins. In addition to DeRose’s own testimony, there is ample testimony, by Douglas himself and by federal agents, that the sale took place. Thus, DeRose’s guilt is undisputed, except as to one element of the offense, illegal importation or knowledge of illegal importation.

On this appeal, he makes two contentions : 1. That certain admissions made by him to state and federal officers, that he imported the drug from Mexico, were improperly received in evidence because they were made after he had been told that if…