United States v. Kenneth Vincent Leon, United States of America v. Kimberley Harrison, United States of America v. Denise Brown

Denise Brown appeals from her conviction of two sales of heroin; at the same trial, appellant Leon was convicted of having aided Brown in such sales, and appellant Harrison was convicted of possession of .a large quantity of heroin with intent to distribute it. We reverse the convictions of Brown and Leon and affirm the conviction of Harrison.

BROWN’S APPEAL. Miss Brown’s conviction was based largely upon the testimony of Lionel Stewart, a special agent of the U. S. Bureau of Narcotics and Dangerous Drugs. He testified that, in the course of his work in an undercover capacity, he was introduced to Brown by Glen Marchand (Glen), a paid Government informant, and that Brown, without substantial hesitation, responded to his request to buy heroin by driving away briefly, returning with heroin, and delivering it to him at the price upon which they had agreed.

Brown’s defense was that of entrapment by the informant, Glen, and she complains of the failure of the Government to use reasonable efforts to insure his availability at the trial.

Denise Brown, a resident of San Francisco, was eighteen years old at the time of the offense. According to her testimony, which was uneontradicted,…