Isaac Bud Wilson v. United States

Defendant Wilson was convicted in the District Court for the Western District of Washington of illegally selling heroin, in violation of 21 U.S.C. § 174 and 26 U.S.C. § 4704 (a), after a trial to a jury. This court has jurisdiction over his appeal under 28 U.S.C. § 1291 . We see no merit in any of the points raised by the defendant, and we therefore affirm his conviction.

On July 7, 1967, an agent of the Federal Bureau of Narcotics in Seattle, Aubrey Abbey, received a phone call from an informant, Julius Bishop. Bishop told Abbey that the defendant had heroin for sale and that he would sell it to Abbey, who was working in an undercover capacity. Abbey and Bishop met with the defendant the night of July 7, and to gain the defendant’s confidence Abbey falsely told him that they had met previously while both were serving time at McNeil Penitentiary. The sale was concluded, and a later government analysis showed that the substance which the defendant had sold to Abbey was heroin. The entire transaction was witnessed by two other police officers who corroborated Abbey’s story at the trial.

The defendant was not taken into custody the night of July 7. Despite the fact that he was in…