Eugene Wendell Long v. United States

Appellant, a black man, appeals from convictions on a jury verdict in connection with an indictment charging him with violations, in two counts, of 21 U.S.C. § 174 and, in a one count violation, of 26 U.S.C. § 4705 (a). After the convictions, the Government filed an information showing the appellant’s prior narcotic conviction. Subsequently, appellant was sentenced to 10 years confinement on each of the three counts, the sentences to run concurrently. We affirm.

The events which led to the indictment of appellant, and others, commenced on the morning of April 4, 1967. On that morning, he received a telephone call from Lydia Russo, a co-defendant. He promised her to make the necessary arrangements to procure a quantity of narcotics. After several phone calls, he arranged to obtain for Russo a substantial quantity of heroin.

Meanwhile, an undercover agent of the Federal Bureau of Narcotics, Charles Underwood, met with other federal agents, at which time $225.00 in marked money was given to Underwood to pay for the narcotics. The other agents kept Underwood under observation. At approximately 2:00 P.M., appellant arrived at a point in the vicinity of an apartment house, then under…