James Perez v. United States

Perez appeals from a judgment of conviction on a jury verdict finding him guilty of concealment and sale of heroin, in five counts, in violation of 21 U.S.C. § 174 . At the close of the Government’s testimony, the Court dismissed two counts charging violation of 26 U.S.C. § 4705 (a). He was sentenced to the custody of The Attorney General for five years on each count, the sentences to run concurrently.

Roy Rivas, a Government informant, met the appellant while they were serving a term in jail. Rivas, after his release, made an arrangement with the Federal Bureau of Narcotics in San Diego under which he was employed as an informant. He subsequently contacted appellant and, during the course of the conversation, indicated that he was a dealer in narcotics and was looking for a connection in San Diego. When the conversation ended, it was agreed that appellant would talk to a friend and make a later report.

Shortly before the first sale, Rivas and two state narcotics agents went to appellant’s home to discuss a purchase. Appellant informed them that he had nothing available at that time, but that he was expecting to be reached by a friend who had access to heroin. Later, appellant…