Charles Gene Johnson v. United States

Johnson was convicted on seven counts of violations of 21 U.S.C. § 174 and 21 U.S.C. § 4705 (a). Six of the counts consisted of three counts each for two transactions in the sale of heroin. The seventh count charged Johnson with concealment of an additional quantity of heroin. Following his conviction, Johnson was sentenced to a term of imprisonment of six years on each count, the sentences to run concurrently.

The first of the two transactions took place when a man named Weber contacted a Government informer, one Yunis, to arrange for the sale of some heroin to a buyer known to Yunis. Weber and Johnson drove to Yunis’ residence, and Weber went inside while Johnson waited in the car. Weber and Johnson then went to a nearby restaurant to wait for Yunis, who arrived shortly to notify Weber that arrangements had been made and that the transaction could be completed at Yunis’ residence. En route to that residence, Johnson’s car ran out of fuel, and they called Yunis, asking that he bring them gasoline. When Yunis arrived, he was accompanied by FBI agent Lusardi, who remained in the car while Yunis met with Weber outside Johnson’s car. According to Yunis, Johnson handed the heroin to…