United States v. Felipe Valencia Chavez

Felipe Valencia Chavez appeals from the judgment entered upon his conviction for two counts of possession of heroin with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). Chavez asks for reversal of his conviction on two grounds: (1) the district court erred in denying his motion to admit a diagram into evidence for purposes of impeaching a Government witness, and (2) the sixteen-month delay in the preparation of trial transcripts for review by this court violated his right to due process in the processing of his appeal. We affirm because we conclude that Chavez has not demonstrated that he suffered any prejudice from the delay in the preparation of the trial transcripts, and that the trial court did not abuse its discretion in refusing to admit the diagram into evidence.

I.

PRETRIAL FACTS AND PROCEDURAL HISTORY

A. Factual and Procedural Posture Pri- or to the Filing of the Notice of Appeal.

Chavez, Adislado Parades Rosales, and Enrique Mendez Pineda, were indicted on June 1, 1989. Chavez was charged in count one with distributing heroin and possessing it with the intent to distribute it on May 11,1989, and in count two with participating in a conspiracy to…