Hosley Berry v. United States

DANAHER, Circuit Judge.

This appellant was convicted on six counts of violations of the narcotics statutes, 26 U.S.C. §§ 4704(a) and 4705(a) and 21 U.S.C. § 174. Thereafter an information was lodged setting out his 1954 narcotics conviction and upon his acknowledgement of that record, Berry was sentenced to serve ten years1 on each count, all sentences to run concurrently, with a recommendation that he be sent to Lexington, Kentucky, for treatment.

On December 19, 1961 about one p. m., one Garrett, a Baltimore police officer was working “under cover” with Federal narcotics officers…