United States v. David Alexander Brooks

Brooks appeals from his conviction on two counts of an indictment charging violation of 21 U.S.C. § 174 by receiving, concealing, and facilitating the transportation of heroin and by selling and facilitating the sale of heroin to one Gordon, a federal agent. The trial was by the court sitting without a jury, and the sentences are concurrent. We affirm.

1. Sufficiency of the evidence.

Brooks asserts that the government did not prove that he passed or transferred any narcotics to anyone for the purposes of sale. The actual sale of 20.-680 grams of heroin to Gordon was made by a man called Lewis, whose real name was Woodson. Lewis testified that on October 2, 1967, he received a call from a man named Bruce, known as “Bubba” who asked Lewis if he could “score” for him. Lewis said that he would try, and on the evening of Octo ber 2nd Bruce and a narcotics agent (Gordon) drove to Lewis’ home. The agent gave Lewis $400 and then waited with Bruce in a car outside Lewis’ home. Lewis then called Brooks, who arrived at Lewis’ home forty-five minutes or an hour later, driving an orange Porsche. Lewis testified that Brooks came inside the home, and that he and Brooks then exchanged the $400…