United States v. Germaine Haili, United States of America v. Earl K. H. Kim

Kim, Haili and several others were involved in an abortive attempt to smuggle marijuana into this country for eventual shipment and resale in Hawaii. Kim and Haili were jointly indicted, separately tried, and found guilty of three counts charging smuggling, illegal transportation and conspiracy to smuggle and transport marijuana. Each has appealed and as to each the judgment of conviction on all three counts is affirmed. I. No. 24,684 — United States v. Haili.

We have reviewed the many contentions of appellant Haili and find no error requiring reversal.

a. Denial of a speedy trial

Haili’s zeal for a speedy trial is quite recent in germinating in that he made no such request during the pretrial period. Failure to raise the question during that period and seek an earlier trial amounts to a waiver of the right. See Benson v. United States, 402 F.2d 576, 581, n. 10 (9th Cir. 1968).

b. Seizure of the note

One of Haili’s co-conspirators left a note for the others at a motel in Imperial Beach. The note was eventually procured by customs officials and introduced at Haili’s trial. Although arguably injured by the allegedly improper seizure of the note, Haili had no proprietary…