United States v. Aurelio Avila-Macias and Ernesto Laranaga

This is an appeal by two of four defendants convicted of violations of the federal narcotics laws. Appellant Aurelio Avila-Macias (Avila) was sentenced to four concurrent jail terms of 10 years each, to be followed by a special parole term of 3 years. Appellant Ernesto Laranaga (Laranaga) was sentenced to two concurrent jail terms of 5 years each, also with a special parole term of 3 years to follow.

Avila was charged in Counts 1 and 2 of the indictment with possession with intent to distribute and distribution of 24.5 grams of heroin on June 7, 1977 and in Counts 3 and 4 with aiding and abetting Jesus Felix-Corona (Corona) (a co-defendant who was indicted and convicted on all four counts but has not appealed) in the possession with intent to distribute and distribution of 1,761.5 grams of heroin. Laranaga was charged only in Counts 3 and 4 with aiding and abetting Corona in the offenses just stated. The violations of law charged in the indictments were based upon 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . A fourth defendant, Eduardo Perez (Perez), successfully moved for a severance and a mistrial during the course of the trial upon an express waiver of any claim of double…