United States v. George H. Lustig, United States of America v. Gregory D. Pederson

This is an appeal from jury convictions for distribution of a controlled substance (cocaine), in violation of 21 U.S.C. § 841 (a)(1), and conspiracy to distribute a controlled substance, in violation of 21 U.S.C. § 846 . Appellant Pederson was also convicted of possession of a controlled substance, in violation of 21 U.S.C. § 844 .

Appellant Lustig has raised numerous contentions. In particular, he argues that the judge improperly dismissed a juror, that he should have been granted,a continuance after he obtained new counsel, and that the testimony of his common law wife was received in violation of the marital privilege. Appellant Pederson argues only that his right against self-incrimination was violated by being forced to answer certain questions on cross-examination. Finding none of these claims meritorious, we affirm.

FACTS

Appellant Pederson met undercover police detective Bernard Lau on February 27, 1976, in order to sell him an ounce of cocaine. The meeting was arranged by Mike Tarnef, a local dealer turned informant. Prior to this meeting, Pederson picked up a small package (presumably containing the cocaine) from a man identified by four police officers as appellant…