United States v. Joseph Santos

Appeal by Joseph Santos from a judgment dismissing his motion pursuant to 28 U.S.C. § 2255 .

The sole question concerns the application of the rule declared by the Supreme Court in Bruton v. United States, 391 U.S. 123 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 (1968).

Santos and two others, Lamenca and Meza-Bustamonte, were convicted, following a joint trial of smuggling and conspiring to smuggle marihuana into the United States in violation of 21 U.S.C. 176a. Lamenca did not take the stand, but one of the government witnesses testified over Santos’ objection, concerning several admissions that La-menca had made. The trial judge recognized that the evidence was hearsay as to Santos but, consistent with the then procedure sanctioned by Delli Paoli v. United States, 352 U.S. 232 , 77 S.Ct. 294 , 1 L.Ed.2d 278 (1957), overruled the objection and limited its admission; additionally he carefully instructed the jury that the evidence might be considered only with respect to the prosecution against Lamenca.

Santos’ contention, both below and on appeal, was and is that his inability to cross-examine Lamenca constituted a denial of his Sixth Amendment right of confrontation entitling him to…