United States v. Michael F. Alvarez

Alvarez appeals from his conviction for violating 26 U.S.C. § 4742 (a) (transfer of marihuana without an order form). We reverse because the evidence was insufficient to prové that he made any transfer or that he aided and abetted anyone who did so.

Alvarez was named in two counts of a four-count indictment against him and his codefendants Sinquimani and de La-rosa. The first count charged Alvarez and his codefendants with conspiracy to transfer marihuana without obtaining an appropriate order form from the transferee. The fourth count charged Alvarez and his codefendants with a violation of section 4742(a). Counts two and three charged Sinquimani alone with receiving, concealing, and selling illegally imported marihuana. Sinqui-mani did not appear for trial, and a bench warrant issued for him. Code-fendant de Larosa was acquitted at the conclusion of the Government’s case. Alvarez’ motion for acquittal was denied. He was found not guilty on the first count and guilty on the fourth.

On October 2, 1970, Special Agent Henry of the Federal Bureau of Narcotics and Dangerous Drugs met Sinqui-mani and discussed arrangements by which Agent Henry would buy marihuana from Sinquimani.…