United States v. L. C. Bagby, United States of America v. Carl Strong

Bagby and Strong appeal from judgments of conviction entered upon guilty verdicts under an indictment charging a conspiracy made criminal by 21 U.S.C. § 174 . We reverse and remand.

Section 174 proscribes a conspiracy to commit any of the acts that it makes criminal. In this case the charge is that one Brazil, Bagby, Strong, and one Thurman (an unindicted conspirator) conspired “to receive, conceal, buy, sell, and facilitate the transportation and concealment of quantities of unlawfully imported heroin, a narcotic drug, knowing the said heroin to have been imported into the United States contrary to law.”

1. The facts.

Stated most favorably to the government, here is what the record shows:

Brazil, in August of 1969, resided in Phoenix, Arizona. Bagby, Strong and Thurman, resided in Portland, Oregon. Bagby and Thurman lived in adjoining buildings and had at one time lived together. Strong and Thurman were heroin addicts. Bagby was not a user, but he supplied narcotics to both of them. He became acquainted with Brazil during a visit to Phoenix sometime before the events in question. Brazil was also a dealer in narcotics.

Brazil and his wife lived in 5823 West Fairmont, Phoenix.…