United States v. Antonio Gascar Hernandez

COLEMAN, Circuit Judge:

Antonio Gasear Hernandez was tried to the District Court, sitting without a jury, and convicted in three counts of vi-dating 21 U.S.C. § 174 and 26 U.S.C. § 4704. 1 We affirm.

The facts which caused the appellant’s arrest were essentially as follows:

In June, 1967, a United States Customs Agent from Eagle Pass, working in an undercover capacity in Laredo, Texas, became acquainted with the appellant, who had been released from a prior federal sentence a few months before. The agent professed to be a buyer and dealer in heroin and let it be known that he was interested in…