Amended Feb. 23, 1978. United States of America v. Jody Moreno, United States of America v. Raymond Moreno

Appellants appeal from judgments of conviction of the offenses of distributing and dispensing heroin and conspiracy to commit that offense, in violation of 21 U.S.C. §§ 841 (a)(1) and 846, and unlawfully carrying a firearm during the commission of those felonies in violation of 18 U.S.C. § 924 (c).

Jurisdiction of this court is established by 28 U.S.C. §§ 1291 and 1294.

After being convicted in separate jury trials Mr. Moreno was sentenced to a total of 70 years in prison with a special lifetime parole term. Mrs. Moreno was sentenced to a total of 12 years with a 15 year special parole term. Parole on each sentence was committed to the discretion of the Parole Board.

The appellants contend:

(1) A motion to suppress should have been granted because there was no probable cause to arrest the Morenos and the search warrant for their home was invalid.

(2) The sentences are cruel and unusual.

(3) Due process was violated by the district court’s impliedly increased punishment because the defendants exercised their right to a jury trial and failed to confess guilt prior to sentencing.

I

Motion to Suppress

A. Facts.

Undercover agents had conducted many meetings in San Diego with…