Robert Lowell Rogers v. The United States of America, Waldo Kent Ferguson v. The United States of America

BRATTON, District Judge.

Appellants bring this appeal from their conviction and sentence for the purchase and sale of narcotics 1 and conspiracy to violate the narcotics laws. 2 This is the second time the case has been here. Defendants were indicted, tried and convicted in 1960, and upon appeal their conviction was affirmed. Ferguson v. United States, 10 Cir., 307 F.2d 787. Certiorari was granted by the Supreme Court, 374 U.S. 805, 83 S.Ct. 1698, 10 L.Ed.2d 1030, and upon Motion by the Solicitor General the case was remanded, 375 U.S. 962, 84 S.Ct. 479, 11 L.Ed.2d 413. The previous opinion of…