United States v. Augustine Ybarra Ortiz

Ortiz appeals from a conviction on two counts of an indictment: conspiracy to distribute and to possess with intent to distribute heroin, and knowingly and intentionally possessing heroin with intent to distribute, all in violation of Section 401 of the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 841 (a)(1) (1970). Although tried together with other defendants, Ortiz appeals separately for reasons explained more fully below. He claims here that he was improperly joined and that his motion to sever was improperly denied, that he was improperly denied a continuance, that his motions to suppress certain evidence should have been granted, that evidence against him was insufficient to support conviction, that he was unfairly prejudiced by juror statements during voir dire and by prosecutorial questioning of certain witnesses, and that he should have been sentenced by the same judge who tried him. We find no merit to his contentions and we affirm.

DISCUSSION

1. Joinder and Severance

Ortiz was one of nineteen persons charged with participating in the heroin conspiracy. Ten, including Ortiz, were eventually brought to trial. Ortiz argues that because the…