United States v. Charles Gary, Milton Wilson

Appellants Gary and Wilson attack their conviction before a jury of two counts of conducting heroin transactions in violation of 21 U.S.C. § 174 .

The evidence must be discussed. The testimony discloses that on March 27, 1970, Agent Sutton of the Federal Bureau of Narcotics and Dangerous Drugs accompanied one “Rip”, an undercover informant, to appellant Gary’s residence in Lompoc, California. After speaking to Gary outside the residence, Sutton and Gary went inside. Sutton testified that they discussed the price and quantity of heroin that Gary could deliver. He stated that while Wilson, Gary’s half brother, was present, the latter agreed to sell him 12 spoons of heroin, which could be cut one and one half times, for $600. Sutton further testified that Gary said he did not want to meet anyone and that he had to be careful. After an exchange of telephone calls, Sutton agreed to meet Gary at a nearby shopping center. He testified that Gary said he had the heroin ready for delivery. Sutton also testified that he arrived at the shopping center accompanied by the informant a short time later; saw Gary parked in a 1966 Cadillac; and observed Wilson cruising the area in a 1958 blue…