Abel Chavez v. United States

Appellant was convicted on the' fourth count of a nine count indictment. His two sisters, Sarah Montellan and Jenny Chavez, also known as Jenny Quinones, as well as his brother-in-law Albert Montellan, were each convicted of various counts.

In order to understand the factual situation here existing, a consideration of the, various counts of the indictments is necessary. For convenience, we will refer to the defendants by their first or nicknames, as was usually done by witnesses and counsel at the trial.

Under count one, Berto and Jenny were convicted of the sale of heroin on October 10, 1958, to one Flores, a government-agent. Under count two, Berto and Jenny were convicted of a similar sale to another government agent on October 28, 1958. Under count three, Berto, Sarah and Jenny were convicted of selling heroin to a government agent on November 6, 1958. Jenny was convicted under count six of making the telephone call which, facilitated the sale charged in count one.Jenny was convicted under count seven of making the telephone call facilitating the sale charged in count two. In count eight, Jenny was convicted of making the telephone call facilitating the sale charged in count…