Charles Emanuel White and John Lewis v. United States

John Lewis and Charles Emanuel White were charged in a five-count indictment and both convicted on count one of conspiracy to import narcotic drugs, 21 U.S.C. § 174 . Lewis was convicted on count two (aiding and abetting the importation of heroin, 21 U.S.C. § 174 , 18 U.S.C. § 2 ) and count three (aiding and abetting the importation of cocaine, 21 U.S.C. § 174 , 18 U.S.C. § 2 ). Lewis was not named in counts four and five. White was not named in counts two and three. He was acquitted on count four by the court before the case was submitted to the jury and count five was dismissed.

Lewis was sentenced to twenty years’ imprisonment on each count to run concurrently; a fine was also imposed on each count in the sum of $20,000 and the judgment expressly provided that the fines should be cumulative. Therefore, it is necessary to consider the appeal as it relates to each count.

The District Court had jurisdiction pursuant to 18 U.S.C. § 3231 . This court has jurisdiction pursuant to 28 U.S.C. §§ 1291 and 1294.

Although no point on appeal expressly claims that the evidence is insufficient to support the verdict, this is in fact the principal contention of appellants. This contention…