United States v. Jose Luis Oropeza and Mark James Minton

I.

INTRODUCTION

Oropeza and Minton appeal from convictions under a 16-count indictment for offenses arising from distribution of heroin. The government showed a conspiracy to distribute heroin between appellants and George Alan Heinze from about August 20 to October 15, 1976.

Heinze pleaded guilty to 13 counts and made no challenge to his conviction and sentence. Appellants were tried to a jury and convicted of multiple offenses.

Oropeza was convicted of conspiracy to distribute heroin (count 1), possession of heroin with intent to distribute (counts 4, 8, 11 and 16), and distribution of heroin (counts 5, 9 and 12). He received a ten year sentence on count 1 and five year sentences on each of counts 4, 5, 8, 9, and 11, all running concurrently with the sentence on count 1. In addition, he was given consecutive five year sentences for counts 12 and 16, for a total of 20 years imprisonment.

Minton was convicted of conspiracy (count 1), possession with intent to distribute (count 11), and distribution of heroin (count 12). He was convicted also as an ex-felon in receipt of a firearm (count 14) and acquitted of a charge of carrying a firearm (count 15). Minton received a six year…