Romeo Estrella-Ortega v. United States of America, Alfredo Zamora-Yescas v. United States

Appellants appeal from their convictions for violating 26 U.S.C. § 4705 (a). Each appellant contends that § 4705(a) is unconstitutional because it impairs his Fifth Amendment privilege against self-incrimination. Their attack on the constitutionality of 26 U.S.C. § 4705 (a) is defeated by the Supreme Court’s decision in Minor v. United States (1969) 396 U.S. 87 , 90 S.Ct. 284 , 24 L.Ed.2d 283 , upholding the statute against the precise contentions urged here. See also United States v. Watson (9th Cir. 1970) 421 F.2d 1357 .

Zamora-Yescas (“Zamora”) severally argues that there was prejudicial error in: (1) the district court’s refusal to call as its witness, a Government informer, Ybarra, when the Government itself failed to call him, and (2) the district court’s denial of his motions for acquittal and for posttrial relief based on his claim that the evidence established entrapment as a matter of law.

Ybarra, a paid Government informer, was a key figure in arranging the sale of heroin from Zamora to Jordan, a Government undercover agent. Neither side wanted to call Ybarra, who was a heroin addict with a criminal record. The Government did not need Ybarra’s testimony to prove its…