United States v. Evasio Hernandez, A/k/a, Eduardo Gonzalez

JOHN R. BROWN, Chief Judge:

After a jury trial Evasio Hernandez was convicted of conspiracy to possess marijuana with intent to distribute in violation of 21 U.S.C.A. §§ 841(a)(1), 846 (Count II of the indictment). The jury also convicted Hernandez of possessing marijuana with intent to distribute in violation of 21 U.S.C.A. § 952(a) and 18 U.S.C.A. § 2 (Count IV of the indictment). Hernandez was given a three-year sentence on each count with the terms running consecutively. On appeal Hernandez contends that his Fifth and Sixth Amendment rights were violated by a custodial police interrogation…