United States v. Frank Quiroz Carrasco, United States of America v. Lucindo Ruiz-Ontiveros

A jury found Carrasco and Ruiz-Ontiveros guilty of conspiring to violate 21 U.S.C. § 841 (a)(1) in violation of 18 U.S.C. § 371 and of possessing a controlled substance (heroin) with intent to distribute it in violation of 21 U.S.C. §§ 841 (a)(1) and 846. It also found Carrasco guilty of using an interstate communication facility, a telephone, in furtherance of this scheme in violation of 21 U.S.C. § 843 (b). Both appeal from the judgment of conviction, citing as error the district court’s refusal to strike the testimony of a key witness, Maria Gamez, whose written statement given to a Drug Enforcement Administration agent had been destroyed by him in ..violation of the Jencks Act, 18 U.S.C. § 3500 , and its failure to grant a mistrial because of inflammatory remarks made by the prosecutor during his summation. We reverse.

The Facts

This case involves a conspiracy to sell 432 grams of heroin. The prosecution produced two witnesses, Maria Gamez, a paid government informant, and Ernest Lowe, a government agent. We summarize what each witness said.

Maria Gamez: On or about June 12,1975, according to Gamez’s direct testimony, defendant Carrasco contacted her and asked if…