United States v. John Richard Humphries

The United States Supreme Court vacated the judgment of our court, United States v. Humphries, 600 F.2d 1238 (9th Cir. 1979), and remanded the case to us for further consideration in light of United States v. Crews, 445 U.S. 463 , 100 S.Ct. 1244 , 63 L.Ed.2d 537 (1980). 445 U.S. 956 , 100 S.Ct. 1640 , 64 L.Ed.2d 231 . We have done so and now issue this revised opinion.

This is an appeal from the district court’s denial of the Government’s “Motion for Determination of Admissibility of Evidence” and further order that “all evidence concerning the identity and participation of defendant HUMPHRIES in this case is suppressed.” We reverse and remand.

I. Statement of the Case

On April 20, 1977, an indictment was returned against appellee Richard Humphries and four others and was filed in the United States District Court for the District of Arizona. The indictment charged each of the defendants with conspiracy to import marijuana, conspiracy to distribute marijuana, importation of marijuana, and attempt to possess marijuana with intent to distribute it.

Humphries moved for an order suppressing his identity “as a defendant in this matter and any and all other physical evidence and…