Henry Rodella v. United States

Appellant was indicted on eight counts of violating 21 U.S.C.A. § 174 ; 70 Stat. 570 (1956), i. e., for having “knowingly received, concealed, transported and sold, or in any manner facilitated the transportation, concealment or sale,” of narcotic drugs. Appellant was convicted of the first six counts, and acquitted on the last two. The odd numbered counts charged a sale on four dates; the even numbered counts charged receiving, concealing and transporting, or facilitating the concealment and transportation of the same narcotic drugs on the same four dates. Thus, the first two counts related to August 9, 1958; the second two to August 15, 1958; the third two to August 19, 1958; and the fourth two to August 26, 1958.

Appellant was sentenced to serve ten years, concurrently, on counts one and two; an additional consecutive ten years on counts three and four, each to run concurrently; and an additional consecutive ten years on counts five and six, each to run concurrently; or a total of thirty years. For convenience, appellant has referred in his brief to the four several incidents by their locations, and we shall follow the same designation. Counts one and two, then, relate to the…