United States v. John Marez Martinez, United States of America v. Manuel A. Rojas, Jr., United States of America v. Carlos Perez Hamilton

John Marez Martinez, Manuel A. Rojas, Jr., and Carlos Perez Hamilton, were jointly tried before a jury and convicted on the various narcotic charges set forth in the joint indictment summarized in the margin. They have prosecuted separate appeals which we have consolidated for argument and disposition.

We first summarize the evidence tending to support the conviction. About 8:00 p. m. on September 12, 1968, one day prior to the count one narcotics transaction, Phillip Jordon, an agent of the Bureau of Narcotics and Dangerous Drugs, went to Rojas’ home in Tucson, Arizona. Giving his name as Victor (Vic) Forti, Jordan told Rojas he was looking for Julian and Tony, two narcotics addicts, in order to purchase some heroin. Rojas called Martinez, who was sitting in another room of Rojas’ home, and introduced him to “Victor Forti.” Jordan repeated his story to Martinez, adding that he wanted to take some heroin back to the West Coast.

Jordan then asked Rojas if the latter could sell him some heroin since he could not locate Julian or Tony. Rojas asked Martinez if it would be possible to get some heroin that night. Martinez replied that he would try. Rojas then instructed Martinez to…