United States v. Zulquarnan Khan

At the request of the United States, Pakistan extradited Zulquarnan Khan on charges of conspiracy to import heroin in violation of 21 U.S.C. § 963 (Count II), and use of a communication facility to facilitate the heroin conspiracy in violation of 21 U.S.C. § 843 (b) and 18 U.S.C. § 2 (Count VIII). A jury found Khan guilty of both counts. The U.S. District Court sentenced Khan to consecutive terms of fifteen years, for Count II, and four years, for Count VIII. Khan appeals. We affirm in part, reverse in part, and remand.

I. BACKGROUND

Khan participated in a conspiracy to import heroin into the United States during February and March 1984. On March 23, 1984, the United States Drug Enforcement Administration (the “DEA”) applied to the U.S. District Court, District of Nevada, for an order authorizing wiretaps and pen registers on Las Vegas telephone numbers belonging to Najeeb Ur Rahman, a co-conspirator. The application was based on the 42-page affidavit of Joseph Catale, a DEA agent personally involved in the investigation of the conspiracy.

According to Agent Catale’s affidavit, telephone toll information indicated that calls were made from Rahman’s telephone number in Las Vegas…