United States v. James Davis, Jr.

SPRECHER, Circuit Judge.

The defendant-appellant, James Davis, Jr., was convicted upon a jury trial of violating 21 U.S.C. § 841(a)(1), possession of heroin with intent to distribute, and sentenced to five years imprisonment.

Upon appeal three issues have been raised: (1) sufficiency of the evidence; (2) competency of a co-defendant, inasmuch as he admitted being under the influence of narcotics at the time about which he testified; and (3) the absence of the defendant for 25 minutes at the beginning of the second day of trial.

The co-defendant, Frederick W. Scott, who pleaded guilty to the…