Douglas P. Whitted v. United States

Appellant, Douglas P. Whitted, was convicted by a jury on a single count indictment for an illegal sale of narcotic drugs in violation of 26 U.S.C. § 4705 (a). Jurisdiction in the District Court was based on 18 U.S.C. § 3231 and we have jurisdiction of this appeal under 28 U.S.C. § 1291 . We find no reversible error and therefore affirm the conviction.

The principal ground advanced for reversal is based on a delay of slightly less than six months between the date of the alleged offense and the date of arrest. Appellant contends that this pre-arrest delay deprived him of due process of law.

The facts of the case are rather simple. On February 6, 1967, William Coonce, a federal narcotics agent, in the company of an informant, met the appellant in appellant’s car. Coonce testified that, while in the car, he purchased and received several bottles of pills from Whit-ted. It is not disputed that the pills contained narcotic substances, the sale of which violated the statute under which appellant was charged. While the transaction was taking place, another agent, David Westrate, was in a position to observe appellant’s automobile. He saw Coonce, appellant and the informer in the car…