United States v. Rajeh Kazni

On August 14, 1975, Rajeh Kazni and Roberto Durand Wayar were indicted for possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). Durand pleaded guilty. Kazni, the appellant here, waived his right to a jury and proceeded to trial before the court. He was convicted and sentenced to a term of 8 years in prison. On appeal, Kazni contends he did not receive effective assistance of counsel at his trial and that the introduction of certain alleged hearsay evidence deprived him of his Sixth Amendment right of confrontation. We affirm.

During the spring of 1975, one Walter Souto, while operating as a DEA informant in Argentina, South America, met and gained the confidence of Jorge Exeni, the appellant’s cousin, and the Durand brothers, Roberto, Sergio and Joaquin. Souto told the Argentinians he was involved in the narcotics trade and that he had a buyer in Los Angeles. After learning that Exeni and Sergio Durand had plans to transport some 11 kilos of cocaine to the United States, Souto agreed to assist in the reprocessing and ultimate sale of the narcotics.

Souto planned to fly from Argentina to Los Angeles on August 7, 1975. Prior to Souto’s…