Martin Nelson Kay v. United States

KILKENNY, Circuit Judge:

Appellant and Burnett Alex Miller were jointly charged in a two count indictment with concealing cocaine in violation of 21 U.S.C. § 174 and selling cocaine without an order form in violation of 26 U.S.C. § 4705(a). A jury found appellant and his co-defendant guilty on both counts. Appellant was sentenced to seven years on each count, the sentences to run concurrently. He appeals. We affirm.

The events leading up to the indictment commenced in May, 1968, at which time Frank G. Tarallo, an undercover agent of the Federal Bureau of Narcotics, received a call from an…