United States v. Carl Fielding

The Petition for Rehearing is denied. Various arguments we have received, however, lead us to modify our discussion of the issues in this case. Accordingly, the opinion of October 23, 1980, reported at 630 F.2d 1357 (9th Cir. 1980), is withdrawn and the following opinion is substituted.

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(aXl), (b)(2); 18 U.S.C. § 2 ; 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:

1. A one-month continuance violated the Speedy Trial Act;

2. United States complicity in his detention and torture by Peruvian police required dismissal of the indictment;

3. The admission of hearsay declarations of alleged…