United States v. Garcia

JONES, Circuit Judge:

The appellant Garcia and another were charged with narcotics offenses in a three-count indictment filed on June 17, 1974. Count One accused the defendants of a conspiracy. By Count Two they were charged with possessing heroin with the intent to distribute it, and Count Three charged the distribution of heroin.

The case was set for trial on August 20, 1974. Garcia moved for a continuance and the motion was granted. On August 20, 1974, the United States Attorney filed an information pursuant to the provisions of the applicable statute.1 The information stated:

*960“I, Anthony J.…