Legal Opinion
United States v. Robert E. Barcella
Court of Appeals for the First Circuit
Decided October 14, 1970No. 7612PublishedCited by 21 opinions
1Opinion of the Court
ALDRICH, Chief Judge.
The defendant was charged with selling heroin without receipt of the written order required by 26 U.S.C. § 4705(a). See U. S. v. Davidson, 1 Cir., 1970, 428 F.2d 461. On this appeal his principal contention is that the court should have acquitted him because, as a matter of law, in going to a source of supply and obtaining twenty-five packs of the drug for a government agent, who reimbursed him and permitted him to retain two for himself, defendant acted as a “procuring agent” of, rather than a seller to, the government representative, and hence did not violate the act.…
2Cases cited12 opinions
- Commonwealth v. HarvardMassachusetts Supreme Judicial Court · 1969
- United States v. SawyerCourt of Appeals for the Third Circuit · 1954
- Mildred Juanita Adams v. United StatesCourt of Appeals for the Fifth Circuit · 1955
- Leona Henderson v. United StatesCourt of Appeals for the Fifth Circuit · 1959
- Joseph E. Lewis v. United StatesCourt of Appeals for the D.C. Circuit · 1964
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- United States v. Javan Foster, Javan Foster v. United StatesCourt of Appeals for the First Circuit · 1972
- United States v. Felix German Luna, United States of America v. Wilberto Luna, United States of America v. Hipolito CruzCourt of Appeals for the First Circuit · 1978
- United States v. Paul MacDonaldCourt of Appeals for the First Circuit · 1972
- State v. AllenSupreme Judicial Court of Maine · 1972
- Riley v. United StatesDistrict of Columbia Court of Appeals · 1973
16 more not listed; retrieve them via the Exa API.