Salvador H. Pulido v. United States of America, Manuel Luna v. United States

Luna and Pulido, along with Frank Collins and Gilbert Vasquez, were named in a nine count indictment charging them with violation of 21 U.S.C. § 174 . Collins pleaded guilty and became a witness for the government. After a jury trial, Luna, Pulido, and Vasquez were all convicted on multiple counts. Having failed to appeal, Luna and Pulido successfully petitioned under 28 U.S.C. § 2255 to have their right of appeal reinstated.

The government’s theory at trial linked the appellants with the crimes in the following manner: At the urging of a government informer (Ochoa), Luna obtained heroin from Collins and sold it to a government agent (agent Maria). Luna was not arrested after the first sale because the government was seeking the source of the heroin. Luna (along with Collins) was finally arrested in a bar following a sale to agent Maria in which Maria gave marked and dusted money to Luna in return for heroin. After his arrest, Collins cooperated with the agents by aiding them in apprehending Pulido and Vasquez, who were walking along the street at a point approximately two blocks from the bar in which the arrest took place. Upon arresting and searching Pulido and Vasquez, $640 of…