United States v. John Angel Ramirez

John A. Ramirez appeals his convictions by a judge without a jury of aiding and abetting in violation of 18 U.S. C. § 2 the sale to an FBI undercover agent of 106.66 grams of heroin in violation of 21 U.S.C. § 174 (sale of an illegally imported narcotic) and 26 U.S.C. § 4705 (a) (sale of a narcotic without the required Treasury order forms). We affirm.

On April 24, 1970, Leon Famera, an FBI undercover agent, commenced negotiations with Johnny Rodriguez for the purchase of heroin. Famera met with Rodriguez and appellant Ramirez in a bar to negotiate the deal. Rodriguez told Famera that the price of a kilo of heroin was $15,000, to which Ramirez added, “Or two [kilos] for $25,000.” Ramirez gave Famera his telephone number, and Rodriguez instructed the FBI agent to call Ramirez if he had any problems. After this personal meeting, Famera did not see Ramirez again.

The terms of the deal were negotiated during personal meetings and telephone conversations between Rodriguez and Famera. On May 1, Ramirez called Famera to obtain a phone number for Rodriguez to call. Later, Ramirez gave Famera a phone number, which was registered to Ramirez, to call at noon the next day. When Famera did…