United States v. Joseph R. Fiore

OAKES, Circuit Judge:

Appellant’s principal contention on appeal is that his sentence of 20 years without parole, for selling heroin, is illegal. He also argues insufficiency of the evidence and that collateral use of wiretaps pursuant to an allegedly unconstitutional statute requires reversal of his conviction on Counts One and Three (sale of heroin contrary to 21 U.S.C. § 174) and Two and Four (sale of heroin not in a tax paid stamped package in violation of 26 U.S.C. § 4704(a)). 1 Appellant had previously been convicted in the Southern District of New York for the illegal transportation of…