United States v. Juventino Carrillo

Carrillo was indicted for possession of heroin and possession of heroin with intent to distribute in violation of 21 U.S.C. § 841 . His motion to dismiss the indictment was granted and the government appeals. We affirm.

Carrillo was arrested on September 17, 1981, with heroin in his possession. Following arrest, agents of the Drug Enforcement Administration (DEA) offered not to prosecute if he cooperated with the government’s investigation of certain suspected drug traffickers and specifically the individual supplying the heroin. Carrillo agreed but stated that he would not testify against any of the suspects if they were brought to trial because he feared for the safety pf his family and himself.

Conflicting evidence was presented at the hearing on the motion to dismiss on the issue of whether Carrillo agreed to testify. Carrillo testified that after voicing unwillingness to testify, agents told him that no one will ever know that he had assisted the investigation, that the prosecutor would be able to “work it out” without his testimony. The DEA agents conceded that Carrillo stated on numerous occasions that he did not want to testify. They testified, however, that, although…