Ailemen

United States v. Ailemen

Good Law
43 F. App'x 77
United States Court of Appeals for the Ninth CircuitJuly 29, 2002No. 99-10377; D.C. No. CR-94-00003-CRB (VRW)California2,636 words

Opinion

Lead Opinion

MEMORANDUM **

A jury found Pius Alemen guilty of conspiracy to distribute heroin and cocaine ( 21 U.S.C. § 846 ), engaging in a continuing criminal enterprise (CCE) ( 21 U.S.C. § 848 ), and distributing or aiding and abetting in the distribution of heroin ( 21 U.S.C. § 841 (a)(1); 18 U.S.C. § 2 ). The district court vacated two of the counts at sentencing pursuant to Rutledge v. United States, 517 U.S. 292 , 116 S.Ct. 1241 , 134 L.Ed.2d 419 (1996), and sentenced Alemen on the CCE count to a term of imprisonment and supervised release. Alemen asks us to reverse his conviction, arguing that the district court committed numerous trial errors. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. Grand Jury’s Reliance on Duncan’s Testimony

Ailemen contends the district court should have dismissed the indictment on the ground that the grand jury heard testimony from Keesha Duncan, whose cooperation was allegedly secured because of evidence gained from a suppressed wiretap. We disagree. As a general rule, a defen *81 dant is not entitled to have his indictment dismissed on the ground that the grand jury relied on illegally-obtained evidence. See United States v. Calandra,…

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