Luis Leiva Cervantes v. United States

On November 21, 1962, appellant Cervantes was indicted by a Federal Grand Jury for the Southern District of California. The indictment charged Cervantes in nine counts with violation of section 174 of Title 21 U.S.C. Counts One, Three, Five and Seven charged that appellant knowingly and unlawfully sold specified quantities of heroin to a Special Employee of the Federal Bureau of Narcotics on four specified dates, which, as he then and there knew, had been imported into the United States contrary to law. Counts Two, Four, Six, Eight and Nine charged appellant with knowingly and unlawfully receiving, concealing and facilitating the concealment and transportation of specified quantities of heroin on the same dates. Count Nine was subsequently dismissed on motion of the government. A plea of not guilty was entered to all counts, and after trial before the court, appellant was found guilty as charged on Counts One through Eight on November 29, 1962. On that date appellant was sentenced to 20-year terms on each count, the sentences to run concurrently. From this judgment, appellant appeals invoking the jurisdiction of this court under 28 U.S.C. §§ 1291 ■and 1294.

Although appellant has…