United States v. Grant

967 F.2d 81 (2nd Cir. 1992)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

At trial, P sought to prove that D and Kirven traveled to Africa in September 1990 and January 1991 and returned each time with heroin. Kirven pled guilty and testified for P. P presented the testimony of the U.S. Customs inspectors who arrested Kirven and D and of a chemist who analyzed a powder that the government asserted was the substance seized from Kirven. On the second trip, customs inspectors became suspicious of Kirven, who was traveling on a recently issued passport and appeared nervous. They detained Kirven and Grant. A patdown search of Kirven revealed the two packages, and the contents field-tested positive for heroin. The inspectors placed Kirven under arrest, and Kirven promptly implicated D. The inspectors searched D but found no contraband. Nonetheless, based on Kirven's statements, the inspectors arrested D. A P chemist testified that the packages contained 3007 grams of 45% pure heroin. The drugs themselves were never introduced into evidence. D was convicted and appealed.