United States v. Frank Estell and Silas Smith, Jr.

WILLIAM E. DOYLE, Circuit Judge.

This is an appeal from a criminal conviction of the defendant-appellant, who was charged with the unlawful, knowing and intentional distribution of heroin.

The incident occurred on November 20, 1974, at Fort Riley, Kansas. The government was utilizing the services of one James Ray, a Fort Riley, Kansas soldier who was acting as an undercover agent. The evidence showed that Ray had been assigned to Fort Riley following an 18-month tour of duty in Vietnam. While overseas he had become addicted to heroin, a condition which continued after his transfer to Fort…