United States v. Leonard Joel Dubrofsky

Leonard Dubrofsky was convicted of importing heroin in violation of 21 U.S.C. § 952 and possessing heroin with intent to distribute in violation of 21 U.S.C. § 841 (a)(1), and sentenced to a 15-year prison term for each violation, each term to run consecutively. He brings this appeal, challenging the use of an electronic tracking device, the admission of evidence from two searches, and several aspects of the sentencing decision. We affirm the conviction.

I.

Facts.

On May 13, 1977, a package mailed from Thailand addressed to “Francis Schneider, P.O.B. 276, Brookdale, California, 95007 U.S.A.” arrived at the San Francisco Airport Customs Air Mail Facility. A lawful customs search revealed ten plastic bags containing heroin in the hollowed out walls of the package. On May 16 agents of the Drug Enforcement Administration removed these bags and replaced them with six bags of white powder and two bags of heroin. In addition, electronic surveillance devices were placed inside the parcel. These devices emitted beeping signals that allowed agents to follow the parcel. The beep changed tone if the parcel was opened.

The package was resealed and sent to the post office for a controlled…