United States v. Henry Hernandez-Berceda, Charged as Henry Hernandez

Hernandez was convicted of conspiracy to import heroin (in violation of 21 U.S.C. §§ 952 , 960 and 963) and conspiracy to possess heroin with intent to distribute (in violation of 21 U.S.C. §§ 841 (a)(1) and 846). He challenges the trial court’s decisions denying his request for a continuance and refusing to disclose the identity of an informant. We conclude that those decisions represented a proper exercise of the trial judge’s discretion. Therefore, we affirm.

I.

Facts.

The facts centered on the sale of thirty ounces of heroin to DEA Special Agent Villarreal. The sale was negotiated at several meetings attended by Hernandez, Barron, Villarreal and an informant. Barron contacted the source which eventually supplied the heroin and delivered the heroin to Villarreal who testified that Hernandez played an active role in arranging the transaction. According to Villarreal, Her nandez stated, among other things, that the supplier was dependable, that the delivery would be accomplished on a certain day and that Villarreal would be satisfied as to quantity.

After the indictment of Barron and Hernandez, a hearing was held on the latter’s request for severance of the joint trial and…