United States v. Rene Delgado Barnett

Barnett was convicted, by a jury, of having twice participated in sales of illegally imported heroin, both acts being violations of 21 U.S.C. § 174 . He now appeals, raising several possible grounds for reversal. We need consider only one, however, for he correctly argues that the evidence was insufficient to support his conviction on either count. On that basis, we reverse.

The first sale Barnett was convicted of having participated in occurred on March 16, 1971. On that date, Eli Madrid of the Federal Bureau of Narcotics went to the home of one De Garfio in Tucson, Arizona. The purpose of the visit was twofold. Madrid wanted to purchase a small sample of heroin and to make arrangements for a subsequent, larger purchase of the same drug. As a result, much of what transpired on the 16th related only to the subsequent, larger sale and not to the sale on the 16th. In fact, there was very little evidence regarding that first sale; moreover, only a miniscule part of it related to Barnett. Agent Madrid testified that “the first thing [he and De Garfio] got straightened out,” “[r]ight when [he] first got in there,” was the sale of the sample. At that time, Barnett was only listening to…