United States v. Rene Delgado Barnett

ELY, Circuit Judge:

Barnett was convicted, by a jury, of having twice participated in sales of illegally imported heroin, both acts being violations of 21 U.S.C. § 174. He now appeals, raising several possible grounds for reversal. We need consider only one, however, for he correctly argues that the evidence was insufficient to support his conviction on either count. On that basis, we reverse.

The first sale Barnett was convicted of having participated in occurred on March 16, 1971. On that date, Eli Madrid of the Federal Bureau of Narcotics went to the home of one De Garfio in Tucson, Arizona.…