People of the Territory of Guam v. John F. Fegurgur

BEEZER, Circuit Judge:

John F. Fegurgur appeals from the decision of the District Court of Guam, Appellate Division, affirming his conviction on charges of heroin distribution. He seeks reversal of his conviction on three grounds: (1) the government’s vindictive prosecution violated his due process rights; (2) improper evidence was admitted at trial; (3) Guam’s Uniform Controlled Substances Act is unconstitutional and in conflict with Guam’s Organic Act. We affirm.

Appellant Fegurgur was indicted in October 1984 for delivery of heroin in violation of Guam’s Uniform Controlled Substances Act, 9…