Oren Alan Kyle v. United States

Appellant, Oren Alan Kyle, was stopped by United States Customs officials as he entered the United States from Mexico. After narcotics paraphernalia and what appeared to be heroin were found on his person, he was arrested. A three-count indictment charging violation of the narcotic laws was returned by a grand jury. A jury trial resulted in his conviction on two counts, the court having withdrawn one of the counts.

In post-verdict remarks the court commented that “I think you have made about the only disposition of this case you could have made under the circumstances,” and requested the…