United States v. Johnny Hillman

Hillman appeals from his conviction on two counts of violating 26 U.S.C. § 4705(a), selling cocaine without obtaining a written order form from the buyer. We affirm.

Hillman’s first challenge is to the sufficiency of the evidence to support conviction. The transactions took place in July and September 1970. Each involved a routine sale to a federal undercover agent, except that Hillman enlisted accomplices to make the actual transfers. He urges that the evidence showed only that he was at the scene of each occasion, not that he knowingly participated in the sales.

Upon the first occasion in July, Hill-man and an unknown female stopped in his automobile at a Los Angeles intersection. The government agent, Barnes, arrived and parked nearby. The female left Hillman’s car, approached Barnes, and asked if he had come “from Richard,” a government informer. When Barnes answered affirmatively, she entered his vehicle, handed him a paper bag containing several grams of cocaine, and received $725. Barnes asked about future deliveries, and she indicated that ten ounces would be available later that evening and that “Johnny” would communicate with Richard to make arrangements.

During this…