Antonio Gascar v. United States

This appeal presents the question whether, during the course of a series of narcotics transactions with undercover agents of the United States, and prior to arrest the criminal’s right to counsel attaches.

In the District Court of Montana appellant was convicted of six counts of narcotics violations and has appealed from the resulting judgment. These six counts were based upon incidents occurring October 4, December 1 and December 2, 1962, which may be summarized as follows: On October 4, after striking up an acquaintance with appellant, a Government agent purchased 125 marijuana cigarettes from him. On December 1, 201 cigarettes were purchased from appellant by two Government agents. On December 2, following appellant’s arrest at his home, Government agents elicited from him the fact that he possessed marijuana and dilaudid. Appellant also stated where in his home these narcotics were located and they were thereupon seized. Testimony as to incriminating statements made by appellant on all three dates was received in evidence as well as the marijuana and dilaudid seized on December 2.

Appellant’s position is that once the October 4 sale had been consummated and his guilt of…