United States v. Ernesto Tercero

Tercero appeals his conviction for possessing marijuana with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). He contends that reversal is required due to the loss or destruction of certain photographs taken the night of his arrest, the denial of his right to a speedy trial, and the trial court’s refusal to rule in advance on the admissibility, for impeachment purposes, of his prior conviction for the sale of heroin. We have held this case pending the en bane disposition of United States v. Cook, 608 F.2d 1175 (9th Cir. 1979), and now affirm the conviction.

In November 1974, a federal undercover agent, Florence, arranged for the purchase of a large quantity of marijuana and agreed to take delivery of his purchase at a house in Phoenix, Arizona. He was taken to the house in the early morning hours of November 4, and was. introduced at the door to a Mexican-American whom he later identified as Tercero. There were several other Mexican-Americans on the premises. The man who met him at the door led him through the house to the garage where he showed Florence several hundred pounds of marijuana. As Florence thereafter began to drive his automobile into the garage…