United States v. Charles E. Griffin, United States of America v. Rudy Montano

At a jury trial, appellants Griffin and Montano were found guilty on one count of conspiracy to import heroin into this country, a violation of 21 U.S.C. § 174 . Each appellant was sentenced to fifteen-year prison terms.

Appellants initially argue they were denied the right to due process and to a speedy trial because of the government’s dilatory conduct in bringing their case to trial. The facts surrounding this argument are not in dispute. On June 10, 1970, the Grand Jury returned a one-count indictment charging appellants and six others with conspiring to import and bring heroin into the United States. The overt acts relating to appellants were alleged to have been committed in 1968. In September of that year, Agent Peter Fong of the United States Bureau of Narcotics and Dangerous Drugs arrested Lorenzo Rodriguez for violation of Federal narcotic laws. Subsequent to this arrest, Fong met with Rodriguez in March of 1969 at the latter’s request. At this meeting Rodriguez stated that Maria Bueno de Macias, a resident of Mexico, was his source of narcotics. Rodriguez also implicated three men as being connected with his supply of narcotics. As a result of this conversation,…