Hayes Henry Cheadle v. United States

Cheadle was convicted in a trial by the court sitting without a jury, on all four counts of an indictment charging violations of 21 U.S.C. § 174 . He was sentenced to 15 years on the first count and to 5 years on each of the other counts, the latter sentences to be concurrent with the sentence on the first count. We therefore need only consider those points which relate to the validity of his conviction on the first count. Gabriel v. United States, 9 Cir., 1966, 366 F.2d 726 ; Browning v. United States, 9 Cir., 1966, 366 F.2d 420 ; Cohen v. United States, 9 Cir., 1962, 297 F.2d 760 and cases there cited in footnote 1.

The first count charged that Cheadle, together with two unindicted persons, Barbara Eddes and Oscar Coates, conspired to import heroin into the United States from Mexico, and that in pursuance of the conspiracy Eddes entered the United States from Mexico with approximately 48 grams of heroin. The testimony of Eddes fully supports the conviction. Cheadle urges that her testimony should be rejected because she was an accomplice. The law in the federal court is otherwise. Quiles v. United States, 9 Cir., 1965, 344 F.2d 490 ; Bible v. United States, 9 Cir., 1963, 314…