United States v. Jack Lewis Cousins

Appellant Cousins was convicted of possession of illegally imported heroin in violation of 21 U.S.C. § 174 , and of selling heroin not in or from the original stamped package in violation of 26 U.S.C. § 4704 (a). The sale in question was made to Special Agent Jay H. Park of the Federal Bureau of Narcotics and Dangerous Drugs. Apart from a chemist who identified the substance sold as heroin, Agent Park was the only witness against Cousins. .

The latter took the stand, and defended on the ground of entrapment. To re but the defense, the Government recalled Agent Park, who testified that Cousins had admitted being the principal supplier of cocaine to one John Trambitas. The point of the agent’s testimony was that Cousins’ previous dealings showed that he was “ready and willing” to commit the crime charged. Sherman v. United States, 356 U.S. 369 , 78 S.Ct. 819 , 2 L.Ed.2d 848 (1958).

At the time of both trials, Trambitas was under indictment for conspiracy together with Cousins to sell cocaine to Agent Park. Not unreasonably assuming that he would plead the privilege against self-incrimination rather than testify to his dealings with Cousins, appellant’s counsel did not call…