United States v. Miguel Lara-Hernandez

Appellant was convicted of conspiracy to distribute heroin in violation of 21 U.S.C. § 846 , and of distribution of heroin in violation of 21 U.S.C. § 841 (a)(1). He contends that he was denied his Sixth Amendment right of confrontation as well as his right to effective assistance of counsel also guaranteed by the Sixth Amendment.

The key prosecution witness was Vincent Villareal, an informant for the Drug Enforcement Administration, who testified that appellant and another man sold him heroin. Villareal attempted suicide after the sale, but before the trial. The prosecution moved for an order barring the defense from cross-examining Villareal about the attempted suicide, on the ground that the incident was irrelevant to the defense and its disclosure would be highly prejudicial to the government’s case.' Defense counsel’s sole argument in opposition to the motions was that the attempted suicide evidenced Villareal’s guilt about bringing unfounded charges against appellant.

After questioning Villareal, the trial judge concluded that the attempted suicide was motivated solely by family problems, and hence not by guilt arising from his accusation against appellant. Accordingly,…