United States v. George Dedominicis

J. JOSEPH SMITH, Circuit Judge.

Appellant was convicted after a jury trial before Judge John O. Henderson in the Western District of New York of buying unstamped and illegally imported heroin, in violation of 26 U.S.C. § 4704 and 21 U.S.C. § 174. He was sentenced to five years on each of 28 counts, the sentences to run concurrently. He was acquitted on one count.

Appellant was not caught with the heroin in his possession. The government’s entire ease rested on the testimony of one Albert Moreton, who, at the trial in March 1962, testified that during 1959 he supplied the defendant with about…