United States v. Robert Fueston

Appellant was convicted for aiding and abetting the sale of cocaine not in or from the original stamped package, 26 U.S.C. § 4704 (a); 18 U.S.C. § 2 .

The sale in question was made by one Trambitas to Special Agent Park of the Bureau of Narcotics and Dangerous Drugs. Fueston took the stand, and admitted he had been present at the sale, but denied abetting it. Agent Park testified: (1) that Trambitas had identified Fueston as his “partner”; (2) that Trambitas, Fueston, and Agent Park went in Fueston’s car to Trambitas’ apartment where the sale was made; and (3) that during the course of the sale Fueston assisted in overcoming the Agent’s feigned reluctance to buy by suggesting that the latter could increase his profit on resale by “cutting” the cocaine.

We. think the evidence was sufficient to show that Fueston had “associated himself with the venture,” Nye & Nissen v. United States, 336 U.S. 613 , 69 S.Ct. 766 , 93 L.Ed. 919 (1949); Grant v. United States, 291 F.2d 746 (9th Cir. 1961), and that he sought by his action to make it succeed. United States v. Peoni, 100 F.2d 401, 402 (2d Cir. 1938). The agent having testified from direct observation that neither the cocaine he bought…