United States v. Roberto Osuna-Sanchez, United States of America v. Manuel Aguirre-Barreda, United States of America v. Francisco Villa-Flores

Each appellant was indicted, tried by a jury and convicted of a violation of 21 U.S.C. § 174 , receiving, concealing and facilitating the transportation and concealment-of 36 ounces of heroin.

BACKGROUND

There is some dispute in the evidence but, viewing the evidence in the light most favorable to the government, it appears as follows: On January 20, 1970, customs agent Cavitt, acting as a prospective purchaser of heroin, arrived at the international boundary fence at No-gales, Arizona and met appellants Villa and Aguirre, who were on the Mexican side of the fence. The agent and the two Mexicans discussed the purchase of a large quantity of heroin, the agent of fering to purchase 20 ounces at $600.00 per ounce, to be delivered on the American side. Villa countered with an offer to sell for $550.00 an ounce, delivery to be made “at the fence”. One week later, the agent rented a motel room in No-gales and that evening was visited by Villa and Aguirre, at which time an arrangement was made for the delivery of the heroin the following evening. The agent refused Villa’s request that $500.-00 be advanced to pay two others to bring the heroin across the border. The following evening…