United States v. Pasqual William Ceniceros

Pasqual William Ceniceros appeals from his conviction, after a jury trial, on all six counts of an indictment charging violations of 21 U.S.C. § 174 and 26 U.S.C. § 4705 (a) in connection with two separate heroin transactions on August 6, 1968. Concurrent sentences were imposed.

Defendant’s principal point on appeal pertains to certain comments made by Government counsel during his closing argument, and by the trial court in the course of final instructions to the jury, concerning the claim of privilege against self-incrimination made by Hector Campillo, one of defendant’s witnesses.

According to the Government’s evidence, which the jury apparently believed, Alex Figueroa, a special Government employee, met defendant late one July, 1968 afternoon in an alley in Huntington Park, California. Defendant told Figueroa at that time that he could sell Figueroa a large quantity of heroin. They had a further conversation along this line on the afternoon of August 6, 1968, at a used TV salvage yard in Los Angeles operated by defendant and his brother. Prices were discussed at this time, and it was decided that Figueroa would telephone defendant between 6:00 and 6:30 p. m. to arrange a…