Martin Nelson Kay v. United States

Appellant and Burnett Alex Miller were jointly charged in a two count indictment with concealing cocaine in violation of 21 U.S.C. § 174 and selling cocaine without an order form in violation of 26 U.S.C. § 4705 (a). A jury found appellant and his co-defendant guilty on both counts. Appellant was sentenced to seven years on each count, the sentences to run concurrently. He appeals. We affirm.

The events leading up to the indictment commenced in May, 1968, at which time Frank G. Tarallo, an undercover agent of the Federal Bureau of Narcotics, received a call from an unidentified person who said that appellant was selling narcotic drugs. The unidentified person gave the agent a number to call and told him to ask for “Marty”. On May 13th, he called appellant’s number, but was first told that he “sounded like a policeman”. The agent said fine, but continued the conversation and was told by appellant that he knew of four “pieces”, indicating four ounces of cocaine, which was then with a friend. Asked how much he wanted for it, appellant said $3,400.00. The agent then inquired as to whether it was good cocaine and was told that it was, appellant adding that “it was from Mexico”. The…