Cleveland Proffit v. United States

Appellant stands convicted on six counts of an indictment charging him with violation of the federal narcotic laws. He was found guilty of violating, on two counts each, sections 4704(a) and 4705(a) of Title 26 of the United States Code and section 174 of Title 21 of the U.S.C. He was sentenced to eight years imprisonment on each count; such sentences to run concurrently.

The main contention on this appeal is that the evidence does not support the verdict as a matter of law. The evidence before the jury, in substance, was as follows:

On August 15, Floyd Love, a special employee of the Bureau of Narcotics, met with Vern Gooder, an agent of the Bureau of Narcotics, at which time Gooder searched Love’s person and automobile for concealed narcotics and found none. After giving Love $30.00, Gooder hid in the trunk of Love’s automobile and loosened the back seat so that he had a clear view of the interior.

Love drove to the vicinity of the Old Glory Tavern in Portland, Oregon where he met appellant. After a short conversation, Love gave appellant $30.00 and stated that he wanted three capsules of heroin. Appellant told Love to park in front of the tavern and wait for him. Appellant…