United States v. Boyer Alfredo Bracy, United States of America v. Sondra Denise Martin, United States of America v. Brenda Bracy

Appellants, together with three others [Stephanie Maria Gurley, Juanita Louise Kendricks, and Jerry Word], were indicted, tried and convicted in a jury trial of: (1) conspiracy to illegally import a controlled substance [heroin and cocaine] in violation of Title 21 U.S.C. § 963 ; (2) illegal importation of a controlled substance [5.5 pounds of heroin] in violation of Title 21 U.S.C. §§ 952 , 960 and 963; (3) illegal importation of a controlled substance with intent to distribute [heroin and cocaine] in violation of Title 21 U.S.C. §§ 841 (a)(1) and 846; (4) knowingly and intentionally possessing with intention to distribute approximately 5.5 pounds of heroin, a controlled substance, in violation of Title 21 U.S.C. § 841 (a)(1).

The indictment before us, which was returned on June 30,1976, superseded a previous indictment which was returned on April 28th of the same year. James Howard Porter [Porter], who later testified for the government, was named in the June 30th indictment as an unindicted coconspirator. Boyer Alfredo Bracy [A. Bracy], Sondra Denise Martin [Martin], and Brenda Bracy [B. Bracy] appeal. We affirm.

FACTUAL BACKGROUND

The incidents upon which the counts in the…