United States v. Michael Warren Coletta, John A. Wilms, Herve Bitton, Hernan Castro

Michael Coletta, John Wilms, Herve Bitton, and Hernan Castro appeal their convictions for violations of the Drug Abuse Prevention and Control Act, 21 U.S.C. §§ 801-966 . Appellants sought dismissal of the indictment because of alleged irregularities in the selection of forepersons for grand juries empaneled in the Northern District of California. They now appeal the district court’s ruling that they lack standing to allege discrimination in the selection of forepersons. Appellants also contend that the failure of the Drug Enforcement Administration to review the controlled substance status of cocaine gave rise to due process violations that required dismissal of the indictment. Two of the appellants claim the district court admitted evidence seized in violation of their fourth amendment rights. Finally, Castro seeks a remand for resentencing, arguing that his constitutional and statutory rights were violated at the sentencing hearing.

I

FACTS

The indictment charged the appellants with conspiracy to distribute cocaine. They waived their rights to jury trial, and submitted the case to the district judge on stipulated facts. The stipulations showed that Robert Prezioso, a Drug…