Jose Rios-Ramirez v. United States

Jose Rios-Ramirez was tried and convicted, along with three other defendants, upon an indictment charging him with transporting and selling heroin in violation of 21 U.S.C. § 174 . That conviction was later affirmed by this court, and the opinion reported at 386 F.2d 831 (9th Cir.1967). The district court had jurisdiction under 18 U.S.C. § 3231 , and we had jurisdiction of the appeal under 28 U.S.C. § 1291 .

Subsequently, on August 21, 1968, this court, on its own motion, set aside its affirmance of appellant’s conviction and reinstated the appeal in order to reconsider the case in light of Bruton v. United States, 391 U.S. 123 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 (1968), made retroactive in Roberts v. Russell, 392 U.S. 293 , 88 S.Ct. 1921 , 20 L.Ed.2d 1100 (1968).

The question we must now decide is whether the admission at appellant’s joint trial of extrajudicial statements made by appellant’s codefendant, Manzano, allegedly incriminating appellant, violated appellant’s right of cross-examination secured by the confrontation clause of the sixth amendment. After careful reconsideration in light of Bruton and cases based thereon, we hold that appellant’s rights were not violated and,…