United States v. Humberto Melchor-Lopez, United States of America v. Gregory Kommatas

Humberto Melchor-Lopez and Gregory Kommatas appeal from judgments of conviction entered in the United States District Court for the District of Arizona after a jury trial in the Southern District of California, Frey, J., pursuant to a motion for change of venue.

Appellants and several co-defendants were charged on a seven-count superseding indictment under which they were adjudged guilty of a conspiracy on count six to import heroin and cocaine, in violation of 21 U.S.C. § 963 , and of a conspiracy in count seven to possess with intent to distribute heroin and cocaine, in violation of 21 U.S.C. § 846 . The superseding indictment alleged no overt acts in these counts. Appellants were sentenced on March 6, 1979, Lopez to a term of imprisonment of four years with a three-year special parole term on each count, and Kommatas to a term of seven years with concurrent special parole terms of five years on each count. This appeal followed.

Both appellants assert several grounds for reversal of their convictions, including, in particular, the claim that the government failed to present sufficient evidence of an agreement to sustain a conspiracy charge as to either appellant on either…