United States v. Carnie Simmons, A/K/A Harold

MOORE, Circuit Judge.

Carnie Simmons appeals from a judgment of conviction following a non-jury trial in which he was found guilty of unlawfully selling narcotics. The indictment contained two counts of knowingly selling heroin known to have been unlawfully brought into the United States, 21 U.S.C.A. § 174, and two counts of selling heroin without the order form prescribed by law, 26 U.S.C.A. § 4705(a). Simmons was convicted on all four counts and sentenced to serve eight years’ imprisonment on each count, to run concurrently.

Simmons makes essentially three claims: (1) that the trial court…