Mexican’s Drug Conviction Upheld in Controversial Case

A federal appeals court ruled Monday that a Mexican citizen’s rights were not violated when officials failed to inform him that he had a right to contact Mexican consular officials before answering questions about marijuana found in his car.

The ruling upheld the controversial 1998 drug conviction of Jose Lombera-Camorlinga. His attorney, federal public defender Benjamin Coleman, said he plans to appeal to the U.S. Supreme Court.

“This is a federal question of national and international importance,” Coleman said.

Last year, the U.S. 9th Circuit Court of Appeals in San Francisco ruled that Lombera-Camorlinga was denied his rights under the Vienna Convention of 1963 after being arrested at the California-Mexico border by customs officials who discovered about 40 kilograms of marijuana in his car.

The treaty, signed by 140 nations including the United States and Mexico, provides that people arrested in a foreign country must be informed by the authorities “without delay” that they have a right to contact their country’s consulate. If a suspect requests it, U.S. law enforcement officials are required to notify the consulate.

Last year’s ruling was handed down by three 9th Circuit judges. Monday’s decision was made by the full court.

“Initially, on an appeal like this, the three judges hear it,” Coleman said. “If the full court decides to consider the case, they have that option. That’s what happened in this case.”

Lombera-Camorlinga served about 10 months in prison and is now living in Mexico.