United States v. Harold E. Mills

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

Appellant was indicted in six counts charging violations of federal narcotic laws allegedly arising from three separate transactions on three different dates. 1 On his motion, four counts based on two of the transactions were dismissed, 2 and two jury trials, each on the two remaining counts, ensued. The first ended in a mistrial; 3 the second, however, in appellant’s convictions under 26 U.S.C. § 4704(a) of selling three capsules containing cocaine other than in or from the original stamped package, 4 and under 26 U.S.C. § 4705(a) of selling the…