United States v. Mohammad Reza Mehrmanesh
Opinion
Opinion
Ely, J.
Mohammad Mehrmanesh appeals his conviction after jury trial for importing heroin and attempting to possess with intent to distribute heroin in violation of 21 U.S.C. §§ 841 (a)(1), (b), 846, 952(a), 960(a)(1), (b) and 18 U.S.C. § 2 . After careful consideration of the numerous assertions of error presented, we affirm.
I. BACKGROUND
A. Procedural History
On March 20, 1980 appellant Mohammad Mehrmanesh (hereinafter “Mehrmanesh”), his wife, Patricia, and his brother, Abolfazl, were arrested and charged by complaint with various narcotics offenses. After several pretrial hearings, which resulted in 16 days of excludable delay under the Speedy Trial Act, 18 U.S.C. §§ 8161-3174 (1976 & Supp. Ill 1979), the Government sought and obtained an order permitting additional time within which to file an indictment. A total of 47 days of excludable delay were involved prior to indictment.
On July 9, 1980 a two-count indictment was filed charging the three with the importation of approximately 8.3 pounds of heroin and the attempt to possess with intent to distribute approximately 8.3 pounds of heroin. 21 U.S.C. §§ 841 (a)(1), (b), 846, 952(a), 960(a)(1), (b); 18 U.S.C. § 2 . Accordingly,…