Charlotte Orozco-Vasquez and Juliano Lopez-Molano v. United States of America, Harry Gamboa Buckley and Mary Delgado Ramirez v. United States
Opinion
Opinion
Barnes, J.
These two cases involve the combined appeals in forma pauperis of four appellants. Originally there were five defendants in an eleven count indictment returned below. Defendant Virginia Rivas-Gareia turned state’s evidence and testified for the government in the District Court. The other four defendants were convicted, and now appeal.
I
The appeal of Mary Ramirez has been, abandoned, and her appeal is dismissed for lack of prosecution.
II
The appeal of Charlotte OrozcoVasquez raises but one point: that the court erred in refusing to permit alleged impeaching questions of the witness Virginia Garcia.
The record shows that upon turning state’s evidence, the court (a) had dismissed two indictments against Virginia Garcia, charging a violation of 21 U.S.C. § 174 (with a minimum five year penalty and no probation) and on which her bail was $10,000, and (b) the government had filed a charge of possession, and illegal sale of narcotics not in their original package ( 26 U.S.C. § 4704 (a) and § 7203) with a lesser penalty, and with possibility of probation; and her bail had been reduced to $1,000.
That there had been a change in the charge; a dismissal of the first indictment ; a…