Mario Lopez Covarrubias v. United States

Appellant was indicted in three counts of a five-count indictment for violating Title 21 U.S.C.A. § 174 . Count one charged appellant and codefendant Juan Jose Medrano with knowingly and unlawfully selling and facilitating the sale of a quantity of heroin; count two charged them with knowingly and unlawfully receiving, concealing and facilitating the concealment and transportation of the same; and count five charged them with conspiracy to violate the narcotics laws of the United States with reference to the transactions set forth in counts one and two.

The case was tried to a jury which returned verdicts finding the appellant guilty on all three counts. Appellant was sentenced to imprisonment for 20 years on each count, the sentences to run concurrently.

On this appeal appellant urges two grounds, (1) there was no evidence of possession of narcotics in appellant, and (2) the evidence establishes entrapment of appellant as a matter of law.

Appellant’s codefendant, Juan Jose Medrano, was convicted by the same jury of all five counts. His conviction was affirmed on appeal to this Court, Medrano v. U. S., 1960, 285 F.2d 23 . The facts leading up to the indictment and conviction of…