United States v. Joseph Anthony Cordova

Cordova was convicted after jury trial of possession of heroin with intent to distribute [ 21 U.S.C. § 841 (a)], We affirm.

Cordova raises four issues which merit discussion: (1) validity of the search; (2) double jeopardy; (3) speedy trial; and (4) testimony by a prosecution witness concerning Cordova’s past criminal conduct, unrelated to the crime charged.

Heroin and other evidence was seized from the home of Ms. Klase, who later became a government witness. Cordova has no “automatic” or “actual” standing to object to the seizure of any item, as he did not at the suppression hearing assert a possessory interest in any, and the government’s case does not depend on proof of his possession at the time of the search. See Brown v. United States, 411 U.S. 223, 228-29 , 93 S.Ct. 1565 , 36 L.Ed.2d 208 (1973); United States v. Boston, 510 F.2d 35 (9th Cir. 1974).

Cordova’s double jeopardy argument lacks merit. After his arrest he was prosecuted first by the state of Arizona. That action was dismissed before trial for failure to comply with the state’s speedy trial rule. The proceeding in state court did not place him in jeopardy. See United States v. Crosson, 462 F.2d 96, 103…