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United States v. Gomez-Genao

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APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Salvador E. Casellas, U.S. District Judge]

Pedro G�mez-Genao, an illegal alien, was convicted of possessing with intent to distribute some thirteen bales of cocaine, smuggled from a beach in Puerto Rico, and aiding and abetting two others to do the same. 21 U.S.C. � 841(a)(1) (1994); 18 U.S.C. � 2 (1994). He was also convicted of being in the United States illegally. 8 U.S.C. �� 1326(a)(2) and (b)(2) (1994 & Supp. II 1996). He left a fake resident alien card with his photograph on it at the scene of the crime. He was sentenced to twenty years.

G�mez-Genao appeals, arguing that his Sixth Amendment rights were violated by the government’s failure to identify a confidential source, Graciano Santana, who was neither a witness to nor a participant in the crimes charged. Santana’s role was different. He knew G�mez-Genao as “Soler” and Soler had indirectly and directly bragged to him about the drug smuggling, saying that he would receive $1,000 per kilo of cocaine for his role. Santana told the police, who eventually identified Soler and located him. The government’s reasons for not turning over the name were fears for Santana’s safety. The street value of the 325 bricks of smuggled cocaine was in the millions of dollars, a fact which suggests a large criminal organization, which in turn underlies the government’s fear.

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