United States v. Jesus Martinez, Jr., United States of America v. Tomas Velasquez Martinez, United States of America v. Alejandro Garcia Handy

BROOKS, Circuit Judge.

This is a direct appeal by defendants-appellants from a conviction for violation of various federal narcotic laws. The defendant, Jesus Martinez, Jr., was convicted under a three count indictment charging sale of heroin without a written prescription (26 U.S.C. § 4705[a]); selling heroin knowing it had been imported into the United States in violation of 21 U.S.C. § 174; and participating in a conspiracy to violate the narcotic laws. The defendant, Tomas Martinez, Jesus Martinez’s brother, and the defendant, Alejandro Handy, were only charged and convicted as being…