United States v. Pedro Venegas Amaro
Opinion
Opinion
Kilkenny, J.
Appellant was convicted, after a jury trial, of five narcotic offenses in viola tion of 21 U.S.C. § 174 . Three of the counts charged appellant with receiving, concealing and transporting heroin and two of the counts charged him with unlawful sale of the same narcotic. Two counts charging violation of 26 U.S.C. § 4705 (a) were dismissed prior to trial. Appellant was sentenced to five years on each count, the sentences to run concurrently.
In September, 1968, Moran, an undercover informant of the Federal Bureau of Narcotics, met appellant’s co-defendant, Marrón, when informant and others went to Marron’s residence to purchase heroin. At this meeting, Marrón was unable to furnish the narcotic because, as he said, his main connection was out of town. Arrangements were made at that time for a heroin sale on October 2nd. On that day, Agent Coonce of the bureau met with the informant and furnished him with $100.00 to purchase heroin. The informant, under surveillance, went to Marron’s residence. Marrón drove the informant to another residence, which Marrón entered. He returned a few minutes later with a packet of heroin. Marrón then drove the informant to the former’s residence. Within…