United States v. Juan Audelo-Sanchez

ORDER

The memorandum disposition filed November 7, 1990, is redesignated as a per curiam opinion.

OPINION

Defendant/Appellant Juan Audelo-San-chez was charged in a four-count indictment with conspiracy to import and possess and importing and possessing with the intent to distribute 74.6 kilograms of marijuana in violation of 21 U.S.C. §§ 841 (a)(1), 846, 952, 960, and 963, and 18 U.S.C. § 2 . During his trial, Audelo-Sanchez testified that prior to the day of his arrest he had never before seen the truck which he was driving when apprehended. To impeach this testimony, the government asked Au-delo-Sanchez on cross-examination whether he had received a speeding ticket while driving that vehicle six months prior to his arrest. At that point, defense counsel objected to the government’s failure to produce its record of the speeding ticket in response to an earlier defense discovery request. After hearing argument, the district court overruled the objection. Aude-lo-Sanchez then pleaded guilty to one count of conspiracy to import a controlled substance under 21 U.S.C. §§ 952 , 960, and 963. The remaining counts were dismissed. The district court sentenced Aude-lo-Sanchez to a term…