United States v. Angel Jose Padilla

Convicted under two charges of violating 21 U.S.C. § 174 and one of violating 26 U.S.C. § 4705 (a), Padilla appeals. We affirm.

The picture presented by this record is not a pretty one. It makes us just as uncomfortable as we were in Enciso v. United States, 9 Cir., 1967, 370 F.2d 749 , and in Matysek v. United States, 9 Cir., 1963, 321 F.2d 246 . But we feel compelled to affirm by prior deéisions. There was but one transaction — a sale of heroin by Padilla to a federal narcotics agent. Here is what happened.

In February or March, 1969, one Frances Martinez was arrested and charged with a federal offense, a sale of narcotics to narcotics agents. She then had a conversation with narcotics agent Coonce, who asked her if she could “get a sale on” Padilla. She replied that she could help him. She hoped that helping Coonce would help her. Coonce said that he would tell the United States Attorney about it, but made no other promise. Martinez was herself a heroin addict, and was using heroin on March 7. She was also ill with cancer. She had known Padilla for about two years, and had seen him sell heroin to others three or four times. Padilla was a long-time heroin user.

On March 7,…