United States v. Ysidro Joe Garcia

Appellant, Joe Garcia, was indicted in a nine count indictment filed on February 26, 1969, for violations of 21 U.S.C. §174 (sale, facilitation, transportation, and concealment of heroin) and for violations of 26 U.S.C. § 4705 (a) (sale of heroin without obtaining a properly issued written order). Three of the counts were for a transaction which involved 20.890 grams of heroin on January 28, 1969; three for a transaction which involved 22.340 grams of heroin on January 30, 1969; and three for a transaction which occurred on February 3, 1969 involving 341.220 grams of heroin.

The defendant waived trial by jury and at the conclusion of a trial to the court was found guilty on all nine counts and sentenced to the mandatory minimum of five years on each count, all sentences to be served concurrently. The trial court then permitted the appellant to remain at liberty on bond of $2,500 with $250 cash deposit and he is now at liberty on such a bond. The appeal is here pursuant to 28 U.S.C. § 1291 .

Most of the essential facts of the transactions were embodied in a written and signed Stipulation of Facts which admitted the three sales and identified the product as heroin. After the…