United States v. Ronnie Alfredo Vigil, United States of America v. Bennie James Baca

Ronnie Vigil and Bennie Baca were indicted for importing heroin from Mexico and for knowingly and intentionally possessing heroin with intent to distribute. The jury found them not guilty of importation but found Vigil guilty of possession with intent to distribute and Baca guilty of the lesser included offense of simple possession. On appeal each challenges the trial court’s denial of Baca’s motion for a severed trial. Both also assert that prejudice resulted from Baca’s attempt to have Vigil testify on Baca’s behalf.

When Vigil crossed the border from No-gales, Sonora, to Nogales, Arizona, the customs inspector discovered that he was carrying $1,280 in cash and five .38 caliber bullets. A strip-search from the waist up revealed fresh needle tracks on Vigil’s arm. The inspector notified the appropriate officers and Vigil was followed. Vigil met Baca and Frank Chavez, and eventually the three drove north from Nogales in a car. After following the ear for twenty miles, the officers stopped it. While getting out, Vigil dropped three marijuana cigarettes. In a search that followed the stop, the officers found heroin under the back seat. At the time of the stop Baca was driving,…