David A. Hill v. United States

David A. Hill, appellant herein, and Andrew H. Miller were charged in the United States District Court for the Southern District of California, Central Division, with having “on or about November 10, 1965 * * * knowingly sold and facilitated the sale * * * of marihuana, which said marihuana, as the defendant then and there well knew, theretofore had been imported and brought into the United States contrary to law.” Appellant was convicted by a jury and sentenced to a term of imprisonment. He appealed to this court which has jurisdiction under 28 U.S.C. § 1291 .

The evidence disclosed that on the afternoon of November 8, 1965, an informant introduced Federal Bureau of Narcotics Agent Restow to appellant. Restow stated that he was seeking to purchase marihuana. Appellant replied that he could furnish marihuana in quantities, but would have to contact his partner who was involved in the business. The informant, the appellant, and Restow then went to a restaurant where appellant left the group and made a telephone call. As a result of this call Miller arrived at the restaurant and was introduced by appellant to Restow. Restow told Miller that Hill said Miller could sell him…