United States v. Joseph Baldamar Cisneros

TRASK, Circuit Judge:

This is an appeal from a judgment of conviction in a non jury trial in which the defendant, Joe Cisneros, was found guilty of two counts of violating 21 U.S.C. § 174, and one count of violating 26 U.S.C. § 4705(a) as a result of his participation in a sale of 30.02 grams of heroin on May 12, 1969. Our jurisdiction rests upon 28 U.S.C. § 1291.

Carol Thomas, a co-participant in this transaction, had made two previous sales of heroin to government agents, but she was never aware that she was doing business with agents of the Federal Bureau of Narcotics. Agent Ozment, in an…