United States of America, Appellee, v. Tarik Kizgin, Appellant.united States of America, Appellee, v. Mehmet Akis, Appellant.united States of America, Appellee, v. Yilmaz Erenler, Appellant, 803 F.2d 1181 (4th Cir. 1986)

Three defendants convicted of narcotics violations appeal, advancing a number of reasons why the judgments of conviction should be reversed. We see no merit in any contention and we affirm.

From a review of the record, we think there is no doubt that the evidence was legally sufficient to permit the jury to conclude that defendant Erenler not only had full knowledge of the conspiracy and its illegal objective, but played an active role in furthering that objective. With respect to him, we think that he was properly transferred from Texas to the District of Maryland pursuant to a writ of habeas corpus ad prosequendum (granted at a time when the Texas charges, under which he was being held, were still pending). Even if dismissal of the Texas charges before removal was effected gave rise to the right to a hearing--a question we do not decide--we are satisfied that he suffered no prejudice from the failure to have a removal hearing pursuant to F.R.Crim.P. 40(a) prior to his transfer to Maryland.

The record does not clearly establish that Erenler was actually denied the right to distribute a transcript to the jury while the interpreter read an English translation of a conversation conducted largely in Turkish. In any event, there was no exception taken to any denial of the right to distribute the transcript and we do not perceive reversible error if distribution was in fact denied. The transcript was at most three pages long, and it was read aloud to the jury.

The claims of prosecutorial misconduct, error in the failure to sever the trials of the three defendants and violation of the Speedy Trial Act are manifestly unmeritorious and require no discussion.

AFFIRMED.