Norvin E. Powell, III v. United States

On May 18, 1966, a six-count indictment was filed against Norvin Ethan Powell. Counts I, II, IV, and V charged Powell with transporting and selling marihuana on two occasions in violation of 21 U.S.C. § ,176a (1964). Counts III and VI charged him with transferring the marihuana on both occasions without the required written order form from the transferee, contrary to 26 U.S.C. § 4742 (a) (1964).

Following a trial before a jury, Powell was found guilty on all counts. He was sentenced to imprisonment for five years on each, the sentences to .run concurrently. On appeal, Powell assigns error to the denial of his pretrial motion for a continuance and the court’s failure to find entrapment as a matter of law. He also contends that the evidence was insufficient to support his conviction on all counts. In addition, he raises several arguments which we have considered and found to be without merit. These latter arguments are set forth in the margin.

1. MOTION FOR CONTINUANCE:

Powell was arraigned on May 31, 1966, at which time counsel was appointed to represent him. On June 21, 1966, a day after the case was originally set for trial, defendant appeared with retained counsel and…