United States v. Arthur Benjamin Moore

Arthur Benjamin Moore appeals from his conviction on all counts of a four-count indictment charging possession and sale of secobarbital, a depressant or stimulant drug, in violation of 21 U.S.C. § 331 (q) (2) and (3) (Supp. V, 1970) (since repealed). Count one charged possession of 5,240 capsules containing secobarbital on May 16, 1969. Count two charged that Moore sold and delivered these capsules to Agent Michael T. Hurley of the Federal Bureau of Narcotics and Dangerous Drugs on the same day. Count three charged possession of 5,190 capsules containing secobarbital on May 22, 1969. Count four charged that Moore sold and delivered these capsules to Agent Hurley on the same day. Concurrent two-year sentences were imposed on all counts.

While the notice of appeal is directed to the judgment in its entirety, Moore’s brief on appeal questions only the convictions under counts one and two, pertaining to the May 16, 1969, transaction. It follows that the convictions under counts three and four, being unchallenged in Moore’s brief, must be affirmed.

Under the concurrent sentences doctrine, as enunciated by the Supreme Court in Benton v. Maryland, 395 U.S. 784, 791 , 89 S.Ct. 2056 , 23…