United States v. Ricardo Hernandez-Carreras

Hernandez was convicted of conspiring with persons unknown to violate sections 173 and 174 of Title 21, U.S.C. Count one charged that it was part of the conspiracy that Hernandez would “receive, conceal, buy, sell and facilitate the transportation, concealment and sale of approximately five (5) kilos of cocaine” after the cocaine would be imported into this country with Hernandez’s knowledge. Count Two is identical, except that it refers to five kilos of heroin. On each count, Hernandez was sentenced to ten years imprisonment. We reverse as to these counts.

Hernandez was also convicted on two counts charging sale, dispensing or distributing of three grains of heroin and of ten grains of cocaine in violation of 26 U.S.C. § 4704 (a). He was sentenced to five years on these counts. He does not assign error as to these convictions.

The conspiracy counts rest entirely on the testimony of one Merkle, a government informer. He was instructed by a customs agent to try to buy narcotics from Hernandez. He went from his home in El Centro, California to No-gales, Arizona, and called on Hernandez. He told Hernandez he wanted heroin and asked the price per ounce. Hernandez said that he dealt…