United States v. Juan R. Velasquez

Second Circuit

United States v. Juan R. Velasquez

364 F.2d 506, 1966 U.S. App. LEXIS 5455

CourtCourt of Appeals for the Second Circuit

DecidedJuly 18, 1966

Docket28712_1

StatusPublished

Cited by1 cases

This text of 364 F.2d 506 (United States v. Juan R. Velasquez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Juan R. Velasquez, 364 F.2d 506, 1966 U.S. App. LEXIS 5455 (2d Cir. 1966).

Pincite

Opinion

PER CURIAM.

Juan R. Velasquez appeals his conviction by a jury in the Southern District of New York and a seven-year sentence for selling narcotics in violation of 21 U.S.C. §§ 173 and 174. As his claims of error concerned the applicability of Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964) to the use on cross-examination and rebuttal of a pre-arraignment statement elicited from him by an assistant government prosecutor, we withheld judgment to await Supreme Court pronouncement in cases then pending before it.

Johnson v. State of New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882, decided June 20, 1966, held that any teaching of Escobedo is not to be applied to cases tried prior to the decision of that case, June 22, 1964. As Velasquez’ trial occurred in April 1963, we have examined the claims of error on principles then governing the questioning of suspects and, finding no impropriety in the manner of questioning or any other error, we affirm the conviction.

Velasquez was arrested at 11:00 A. M. on February 5, 1963 immediately after his appearance in a state court in connection with a state narcotics prosecution. At 12:15 P. M. he was questioned by an Assistant United States Attorney after he had been advised of his rights, and stenographic notes were taken. He was arraigned an hour later. We find that the statements made were voluntary and admissible as the product of non-coercive questioning.

On appeal the defendant claims that the statements had been obtained during a period of unnecessary delay in arraignment in violation of Mallory v. United States, 354 U.S. 449, 77 S.Ct. 1356, 1 L.Ed.2d 1479 (1957); United States v. Middleton, 344 F.2d 78 (2 Cir. 1965). As no objection on this ground was made at the trial when the government sought to use the statements we need not examine this claim made for the first time on appeal. United States v. Del Llano, 354 F.2d 844 (2 Cir. 1965); *507 United States v. Torres, 343 F.2d 750 (2 Cir. 1965); United States v. Ladson, 294 F.2d 535 (2 Cir. 1961), cert. denied, 369 U.S. 824, 82 S.Ct. 840, 7 L.Ed.2d 789 (1962).

We have also examined the claim that the trial judge may have erred in refusing to make available to the defense certain portions of five statements of government witnesses, pursuant to 18 U.S.C. § 3500, and find no error.

Conviction affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Juan R. Velasquez appeals his conviction by a jury in the Southern District of New York and a seven-year sentence for selling narcotics in violation of 21 U.S.C. §§ 173 and 174. As his claims of error concerned the applicability of Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964) to the use on cross-examination and rebuttal of a pre-arraignment statement elicited from him by an assistant government prosecutor, we withheld judgment to await Supreme Court pronouncement in cases then pending before it.

Johnson v. State of New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882, decided June 20, 1966, held that any teaching of Escobedo is not to be applied to cases tried prior to the decision of that case, June 22, 1964. As Velasquez’ trial occurred in April 1963, we have examined the claims of error on principles then governing the questioning of suspects and, finding no impropriety in the manner of questioning or any other error, we affirm the conviction.

Velasquez was arrested at 11:00 A. M. on February 5, 1963 immediately after his appearance in a state court in connection with a state narcotics prosecution. At 12:15 P. M. he was questioned by an Assistant United States Attorney after he had been advised of his rights, and stenographic notes were taken. He was arraigned an hour later. We find that the statements made were voluntary and admissible as the product of non-coercive questioning.

On appeal the defendant claims that the statements had been obtained during a period of unnecessary delay in arraignment in violation of Mallory v. United States, 354 U.S. 449, 77 S.Ct. 1356, 1 L.Ed.2d 1479 (1957); United States v. Middleton, 344 F.2d 78 (2 Cir. 1965). As no objection on this ground was made at the trial when the government sought to use the statements we need not examine this claim made for the first time on appeal. United States v. Del Llano, 354 F.2d 844 (2 Cir. 1965); *507 United States v. Torres, 343 F.2d 750 (2 Cir. 1965); United States v. Ladson, 294 F.2d 535 (2 Cir. 1961), cert. denied, 369 U.S. 824, 82 S.Ct. 840, 7 L.Ed.2d 789 (1962).

We have also examined the claim that the trial judge may have erred in refusing to make available to the defense certain portions of five statements of government witnesses, pursuant to 18 U.S.C. § 3500, and find no error.

Conviction affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

364 F.2d 506, 1966 U.S. App. LEXIS 5455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-juan-r-velasquez-ca2-1966.

Opinion

Related

Cite This Page — Counsel Stack