United States v. William Samuel Cole, (Two Cases)

These two related cases are direct appeals from convictions for violations of the narcotics laws following jury trials in the district court. In Number 26,513, Cole was convicted of conspiring with Kinnear and Miller to sell, deliver and dispose of a depressant or stimulant drug (methamphetamine) in violation of 21 U.S.C. §§ 331 (q) (2), and 360a(b). In Number 26,568, Cole was convicted of conspiring with Shockley and Patton to manufacture, compound, process and deliver methamphetamine in violation of 21 U.S.C. §§ 331 (q), 360a(a), and 360a(b). Counsel in both cases are the same, they were argued at the same time and will be considered together here.

Facts in Number 26,513

On April 10, 1969, Special Agent Shoaf of the Bureau of Narcotics and Dangerous Drugs pretending to be a drug dealer interested in purchasing methamphetamine, contacted Thomas Kinnear. He told Kinnear that he wanted to deal directly with Cole and that he was prepared to purchase $200 worth of methamphetamine at that time. Kin-near agreed and telephoned Cole to make arrangements. Pursuant to the arrangement made, Shoaf went to a designated restaurant. Kinnear brought the drug to him. Finding some flecks in it,…