Lonzo Nutter v. United States

On June 12, 1967, appellant Lonzo Nutter was arrested by agents of the Federal Bureau of Narcotics. He was subsequently named in a four count indictment ; three counts alleged violations of 21 U.S.C. § 174 and a fourth alleged a violation of 26 U.S.C. § 4705 (a). On January 4, 1968, a jury found the appellant to be guilty of each count in the indictment. On the same day sentence was imposed by the district court — four 10 year terms to run concurrently. Lonzo Nutter appeals from the conviction and sentence. The questions presented are—

FACTS

There is no dispute as to the facts in the ease. On June 6, 1967, Agent William Jackson of the Federal Bureau of Narcotics went with an informer, Bill Davis, to the latter’s residence. There Davis introduced Agent Jackson to appellant Nutter. Jackson and Nutter then retired to the kitchen; while there Nutter sold to Jackson two condoms containing heroin for a price of $345.00. Jackson then told Nutter that he wanted to buy “more stuff in a few days.” Nutter told him to make contact through Davis.

On June 12, 1967, Davis and Jackson in Davis’ car met Nutter, who offered to sell three ounces of “stuff” for $1,050.00. Agent Jackson examined…