United States v. Belinda Rose Hovsepian

Appellant Hovsepian appeals from her conviction upon two counts charging violation of 21 U.S.C. § 174 (concealment, transportation, and sale of heroin) and one count charging violation of 26 U.S. C. § 4705(a) (sale of heroin without an order form).

Appellant claims that the evidence against her was insufficient to sustain her conviction. She relies on our opinion in United States v. Camarillo (9th Cir. 1970) 431 F.2d 616 vacating the conviction of her eodefendant Camarillo. She argues that the evidence against her is not materially different from that held insufficient in Camarillo’s case.

Here, unlike Camarillo, there was evidence that appellant was the person who transported and delivered the heroin that was the subject of the sale; she was not simply a bystander during the negotiation of the sale by others.

On September 18, 1969, the day before the sale took place, federal agents Lusar-di and Tryal waited with Paul and Marilyn Judd at the Judd residence for two hours anticipating the arrival of the “source,” who was described as a 19-year-old female addict named “Linda.” The source did not appear, and the negotiations were resumed the following day. At that time, Belinda…