United States v. Vernon Percy Howard, A/K/A Peewee

This court reversed the conviction of Vernon Percy Howard on a charge of selling heroin, in violation of 21 U.S.C. § 174 , United States v. Howard, 432 F.2d 1188 . At his second trial on the same charge, Howard was again convicted and takes this appeal. His sole contention on this appeal is that the district court erred in refusing his demand for production of a case report then in the possession of the Government. Defendant contends that production of the report is required by the “Jeneks Act,” 18 U.S.C. § 3500 .

Howard made his demand for production of the case report while the Government witness, Donald T. Watson, was under cross-examination. Watson, who is a Special Agent, United States Treasury Department, testified to the details of the heroin sale for which Howard stands convicted. He testified that he made notes of the details of the sale but that they were destroyed in the process of “normal housecleaning” after the first trial.

Prior to their destruction, however, Joseph C. Ernst, Customs Agent in Charge, Anchorage, Alaska, used the notes in preparing a “testimony sheet” detailing the facts to which Watson would testify. Ernst then incorporated this testimony sheet…