Frank Anthony Cellino v. United States

Appellant, Frank Anthony Cellino, was found guilty by a jury of selling and facilitating the sale of heroin, knowing the heroin to have been imported into the United States contrary to law, in violation of Title 21 U.S.C.A. § 174 . The indictment named appellant and one Joe Bruno as defendants, appellant being charged under one count and Bruno under four counts.

Appellant having been found guilty by the jury, the evidence must be viewed in the light most favorable to the Government. Appellant’s participation in the offense may be summarized as follows:

Raymond Velasquez, a deputy sheriff of Los Angeles County, acting as an undercover agent, and Bobby Ulrey, a parole violater in his custody, approached appellant, and Ulrey told appellant that they would like to “pick up”, i. e., obtain some heroin. Appellant replied that he did not have any “stuff”, but he would take them to “the man that did.” Appellant entered Velasquez’s car with Velasquez and Ulrey, and appellant directed Velasquez to drive to the corner of Narva and Mission Streets. Appellant there told Velasquez and Ulrey to wait in the car. Appellant went around the corner and out of the sight of Velasquez and Ulrey. In…