United States v. Manuel Revuelta

Revuelta appeals from his conviction on two counts of a five-count indictment, the only two which named him as a defendant. A codefendant, one Noriega, was charged and convicted on all five counts. One count charged Revuelta with having violated 21 U.S.C. § 174 , the other with having violated 26 U.S.C. § 4705 (a). He was sentenced to five years imprisonment on each count, and it was ordered that the sentences should run concurrently. We affirm.

Revuelta makes several contentions, which can be combined as follows: First, he argues that the evidence was insufficient to prove his knowledge that the cocaine he was charged with possessing, under 21 U.S.C. § 174 , had been illegally imported. Second, he maintains that the testimony of a narcotics agent, that he, Revuelta, admitted to the agent, in telephone conversations, his knowledge of the illegal importation of other narcotics, not involved in the indictment, was highly prejudicial. He also argues that the testimony was received without a proper foundation having been established for its admission.

Since the sentences were concurrent, we need not reach these contentions, inasmuch as the conviction under 26 U.S.C. § 4705 (a) was…