Manuel Chavez AKA Joe Paiz v. United States

DUNIWAY, Circuit Judge:

Stated most favorably to the government, the evidence in this case discloses that on July 31, 1963, appellant made two separate sales of heroin to an undercover agent of the Federal Bureau of Narcotics. In the first sale, the agent paid appellant $40 for four bindles containing .31 grams; in the second sale, he paid appellant $110 for four half spoons containing 2.01 grams.

On January 3, 1964, appellant was charged in a 2-count indictment alleging violations of 21 U.S.C. § 174. The first count charged that he fraudulently and knowingly sold, concealed and facilitated the…