United States v. John Empie Emery

Appellant Emery appeals from a conviction of conspiracy to import marijuana in violation of 21 U.S.C. § 963 . Emery makes two assignments of error. The first is that statements he made while in the custody of Mexican police were improperly admitted because he had not been given Miranda warnings before he made the statements.

The second contention is that testimony of a government witness should have been suppressed because the government did not comply with its discovery representations.

Drug Enforcement Agency (D.E.A.) Agent Ramirez, acting on a call from the Reno office of the D.E.A. alerted the Mexican police that a drug transaction was possible in the Guaymas area. Agent Ramirez coordinated the surveillance of the Guaymas, Mexico Airport with the Mexican police. Agent Ramirez and the Mexican police were present when D.E.A. undercover Agent Johns, piloting a rented airplane landed at the airport. Agent Johns had been hired by one of the co-conspirators to fly the airplane to Guaymas. The plane was met by Weber, one of the co-conspirators. Weber left and later returned with Emery. Each carried suitcases containing marijuana.

Agent Johns asked Weber and Emery where the…