United States v. Alfredo Reynoso-Ulloa, United States of America v. Richard Wayne Mummert

Appellants were convicted on eight counts of an indictment charging appellants and four co-defendants with distribution of heroin, possession with intent to distribute, use of the telephone to facilitate distribution, and conspiracy, in violation of 21 U.S.C. §§ 841 , 843, 846, 952, 960 and 963. The charges arose from a conspiracy to smuggle heroin from Mexico and distribute it in the United States. Both appellants raise the issue of entrapment and the propriety of the entrapment instructions. Appellant Mummert additionally contends that alleged perjury by a Government informant and prejudicial testimony given by a Government agent require reversal of his conviction.

Statement of Facts

The critical issues on appeal center on the activities of Michael Sheen, a Government informant who had previously worked for the Drug Enforcement Administration (DEA) in Seattle, Washington. Sheen had worked with DEA agents Flego and Zweiger in “making” a number of drug cases in the Seattle area. Following threats on his life, in April, 1975, Sheen moved to California where he secured a job selling cars at a Ford dealership owned by Mummert. Sheen became friendly with Mummert and through him met…