United States v. Evelio Del Toro

JOHN R. BROWN, Chief Judge.

Appellant was found guilty by a jury and convicted of selling heroin not pursuant to a written order on an official form in violation of 26 U.S.C.A. § 4705(a) 1 (count one), and of possessing heroin without having registered and paid the tax provided for by 26 U.S. C.A. §§ 4701 2 and 4702 3 in violation of 26 U.S.C.A. § 4724(c) * (count two). He was sentenced to serve the minimum mandatory term of five years on count one 4 5 and a separate sentence of five years on count two, 6 the sentences to run concurrently. On appeal Appellant asserts four grounds for reversal:…