Minor v. United States

Appellant, convicted of distribution of heroin,1 possession of heroin,2 and possession of drug paraphernalia,3 contends on appeal that the trial court erred in failing to give three jury instructions that he requested. He argues first that, with respect to the first count of the indictment, the court improperly refused to give an instruction on possession of heroin as a lesser included offense within the crime of distribution. Second, he maintains that he was entitled to an instruction on the primary theory of his defense, namely, that he was acting as an “agent of the buyer” in the…