United States v. Alberto Perez--Martinez

Appellant Alberto Perez-Martinez was found guilty in a jury trial of a charge of conspiracy to receive, conceal, transport, and sell large quantities of heroin from on or about August 1, 1970, to on or about May 1, 1971, in violation of 21 U.S.C. § 174 (1964), as amended 21 U.S.C. § 963 (1970).

Diego Pena and Roberto Cuello, charged as unindicted co-conspirators, after a grant of immunity testified to conversations and dealings with appellant, all concerned with the transportation of heroin from Los Angeles to San Francisco to supply appellant’s heroin business in San Francisco. The three men on one occasion in November 1970 transported 18 ounces of heroin in a rented car from Los Angeles to Burlingame where the drug was weighed, secreted and then left by appellant with the two witnesses for sale. There was no issue raised as to the sufficiency of the evidence to support the conviction. It was little short of overwhelming.

Rather, the appellant relies for reversal upon the failure of the court to ask prospective jurors on voir dire certain questions submitted by appellant and the failure to exclude certain evidence. In addition, appellant complains strenuously about the…