United States v. Oscar Diaz-Albertini

SETH, Circuit Judge.

Oscar Diaz-Albertini appeals his conviction under 21 U.S.C. § 841(a)(1) for possession of cocaine with intent to distribute. State police arrested the appellant and his wife after a search at a roadblock uncovered nearly thirty pounds of the drug. The trial court granted a motion for a new trial made by the appellant’s wife and denied the appellant’s motion. The appellant now asserts that juror prejudice denied him a fair trial and that the police discovered the contraband through an unlawful search.

New Mexico state police officers set up a roadblock near the town of…