United States v. Pete Hernandez

ALVIN B. RUBIN, Circuit Judge:

Acting jointly with a confederate, the defendant Pete Hernandez, sold heroin on a single occasion to two undercover agents. The defendant was never shown to have had actual possession of the controlled substance but constructive control during the course of the transaction was proved by the acts of his co-defendant. He was convicted both of possession with intent to distribute and distribution of heroin in violation of the same statute, 21 U.S.C. § 841(a)(1). We here review the validity of the imposition on him of consecutive sentences of imprisonment for ten…