United States v. Carl Fielding

INTRODUCTION

Appellant Fielding was indicted on July 15, 1975, for (1) importation into the United States of an unspecified amount of marijuana “on or about September, 1974,” 21 U.S.C. §§ 812 , 952, 960(a)(1), (b)(2) (1972); 18 U.S.C. § 2 (1969); and (2) conspiracy, with four others, “beginning on or about September, 1973, and continuing through on or about September, 1974,” to import marijuana with the intent to distribute in violation of 21 U.S.C. §§ 846 , 953. Fielding was not arrested until April, 1979, when he was returned from Lima, Peru. After an initial trial continuance, he was tried in August, 1979, and found guilty on both counts.

Appellant raises four contentions on appeal:

The case involved an alleged smuggling scheme that utilized the ship Osprey to import marijuana. Fielding allegedly handled stateside operations while other coconspirators ran the actual importation activities. The Government’s case consisted primarily of the testimony of Lotz, one of the operators of the ship, Wagner and Special Agent McClary. The latter two witnesses’ testimony recounted declarations allegedly made to them by the Flores brothers, two alleged coconspirators. Additional facts…