Manuel Chavez AKA Joe Paiz v. United States

Stated most favorably to the government, the evidence in this case discloses that on July 31, 1963, appellant made two separate sales of heroin to an undercover agent of the Federal Bureau of Narcotics. In the first sale, the agent paid appellant $40 for four bindles containing .31 grams; in the second sale, he paid appellant $110 for four half spoons containing 2.01 grams.

On January 3, 1964, appellant was charged in a 2-count indictment alleging violations of 21 U.S.C. § 174 . The first count charged that he fraudulently and knowingly sold, concealed and facilitated the sale, concealment and transportation of the .31 grams of heroin which had been imported into the United States contrary to law, as appellant then knew. The second count contained an indentieal charge but referred to the second sale of 2.01 grams. Appellant was tried before a jury and convicted on both counts.

He appealed to this court and we reversed his conviction for error in instructions to the jury, with direction to grant a new trial. Chavez v. United States, 1965, 343 F.2d 85 .

On April 12, 1965, a new 3-count indictment was returned against appellant. Counts 1 and 2 were identical to the two counts in…