United States v. Ralph Privett

Appellant, convicted and sentenced following a non jury trial on four counts involving narcotics, appeals, raising five contentions of error below. He asserts (1) the facts show entrapment as a matter of law; (2) he was deprived of due process of law by the failure of the government to produce an informer at the trial; (3) the trial court committed error in failing to make special findings of fact; (4) his convictions on counts II, III and IV involving heroin, rested on facts constituting one transaction; and (5) his conviction on count I involving sale of cocaine is invalid, since the sale was never completed. We affirm.

The counts under which appellant was convicted, charged: — Count I, sale of 978.08 grams of cocaine to a narcotic agent without obtaining from him a written order form in violation of 26 U. S.C. § 4705(a); Count II, receiving, concealing and facilitating the concealment, and transportation of 28.970 grams of heroin, 26'% pure, in violation of 21 U.S.C. § 174 ; Count III, receiving and concealing and facilitating the concealment and transportation of 509.550 grams of heroin, 98% pure, in violation of 21 U.S.C. § 174 ; Count IV, receiving and concealing and…