United States v. Rafael Lira

MANSFIELD, Circuit Judge:

Rafael Lira, whose true name is Rafael Mellafe, appeals from a narcotics conviction entered against him in the Southern District of New York after a jury trial before Judge Charles E. Stewart. Prior to the trial defendant moved to dismiss the indictment against him, alleging that, since he had been illegally abducted from Chile and tortured by agents of the United States Government, dismissal was mandated by our decision in United States v. Toscanino, 500 F.2d 267 (2d Cir. 1974). After an evidentiary hearing of the type prescribed by us in Toscanino, Judge Stewart…