United States v. Euclid Tutwiler, Jr.

Defendant Tutwiler appeals from a judgment of conviction on two counts: (1) conspiracy to possess heroin with intent to distribute in violation of 21 U.S. C. § 841(a)(1) and 846, and (2) possession of heroin with intent to distribute in violation of 21 U.S.C. § 841 (a)(1).

The seizure and arrest was made on February 23, 1973, at an immigration check point approximately 50 miles north of the Mexican border. Approximately five ounces of heroin were seized (the indictment alleges 112 grams) from the possession of defendant’s companion, Eddie Leroy Anderson.

The trial court denied a motion to suppress. Defendant was convicted by a jury, but no issues are raised on appeal concerning the jury trial. Generally, the same evidence was presented as on the motion to suppress except for the references to the informers. At the trial, Anderson, previously indicted in a separate proceeding, testified for the government against defendant, to the effect that he, one Nichols and the defendant had agreed to travel to Mexico to secure heroin; that he (Anderson) and Nichols each put up one-half of the money for the purchase; that defendant was to receive one-third of the heroin for having…