United States v. Larry Carlos, United States of America v. Charles Steven Baker, United States of America v. Larry Carlos and Charles Steven Baker

This is an appeal from criminal convictions, after a jury trial, for distributing narcotics. Baker and Carlos both contend that they were denied a fair trial because of prejudicial comments made by the district court. We affirm.

The charges against Baker and Carlos stemmed from two separate undercover investigations by federal agents. Two agents testified at trial that they purchased heroin and cocaine from Carlos on two occasions. They also testified that, during one of these sales, heroin was delivered to Carlos by Baker. In addition, the evidence showed that a search of Baker’s apartment uncovered narcotics and other paraphernalia, and when Baker was arrested he was caught in the process of manicuring heroin.

The only controverted issue at trial related to the identification of Baker in regard to the delivery of heroin to Carlos, Baker’s defense being mistaken identity and alibi. Baker claimed that at the time of the transaction he was vacationing in Hawaii under an assumed name. Baker produced three alibi witnesses who supported his claim, but the witnesses tended to contradict each other and they did not agree on the date he was supposed to have returned from Hawaii.…