United States v. Frank Nicholis Cepelis

In this judge-tried case, Cepelis was convicted of two counts of violating 21 U.S.C. Section 176a. A government informant (Gertz) testified that he had indicated to Cepelis that he wished to purchase a large quantity of hashish and that in response to his request, the defendant-appellant arranged for the delivery of approximately 50 pounds of the substance. Gertz then arranged a meeting at a drive-m restaurant. Gertz arrived in an automobile with federal narcotics agents and spoke with appellant while one Engelhardt (a co-defendant who entered a guilty plea) spoke with the agents. The agents then rented a motel room and began negotiations with Engelhardt and Cepelis. Finally, Engelhardt supplied the agents with a map and either Engelhardt or appellant told them that four pounds of hashish would be hidden at a location indicated on the map. At the specified space, the agents found a cache of hashish under a bush. Immediately, Cepelis and Engelhardt were arrested.

Informant Gertz and agent Herring testified to conversations with appellant which could support a finding that appellant had actual knowledge that the hashish was illegally imported. The substance of their testimony was…