United States v. Alfred Delgado Arellanes

Before TRASK and GOODWIN, Circuit Judges, and ENRIGHT, District Judge.

Alfred D. Arellanes appeals from the refusal of the trial court to direct a commitment under the Narcotic Addict Rehabilitation Act (NARA), 18 U.S.C. §§ 4251-4255 , instead of committing him to the custody of the Attorney General.

The appellant had entered a plea of guilty to count one of a three-count indictment, which charged him with conspiring with a codefendant named Arias to distribute heroin. Overt acts included delivery of 1,037 grams of heroin and conspiring to effect future delivery of 1 kilogram of heroin. The validity of the guilty plea and conviction are not at issue.

After the plea, appellant was sent to Terminal Island by the court for a 30-day study to determine his eligibility for commitment and treatment pursuant to Title II of NARA. The conclusion of the staff after study was that appellant was an addict who would benefit from treatment under NARA.

Between the date of the study and the final sentencing of the appellant he had testified on behalf of his codefendant and in the judgment of the trial court had committed perjury in doing so. For this announced reason and perhaps for…