United States v. Jose Robles Ybarra, United States of America v. Jesus Robles Ybarra

The Ybarra brothers, Jose and Jesus, were indicted on two counts charging violations of federal narcotics laws. Count 2 was dismissed. The defendants were tried before a jury on Count 1 and were found guilty. They have filed separate appeals, but, since they were tried together, the Government, pursuant to Rule 28(i), Federal Rules of Appellate Procedure, Title 28, U.S.Code, has filed only one reply brief.

Sedillo, an Agent of the United States Bureau of Narcotics and Dangerous Drugs, testified that on or about January 20, 1969, he went with an informant whom he did not identify in his testimony, in the informant’s automobile, to an address in Tucson, Arizona, viz., 1510 North Hualapai Street; that at that address Sedillo saw Jesus Ybarra motioning to indicate that the Sedillo automobile should be parked farther down the street; that after parking the car Sedil-lo and the informant got out of the car; Sedillo told Jesus Ybarra that he was the informant’s brother-in-law and that he, Sedillo, wanted to buy some heroin; Sedillo gave Jesus Ybarra $30.00; Jesus Ybarra walked down the street, turned into a driveway and walked up to a resi dence where he handed the $30.00 to Jose…