United States v. Ronald Charles Drake

VAN OOSTERHOUT, Senior Circuit Judge.

Defendant Drake was indicted in a four-count indictment charging distribution of heroin, in violation of 21 U.S.C. § 841(a)(1). Defendant, after entering a plea of not guilty, was tried by a jury, found guilty on all counts, and sentenced to ten years imprisonment on each count, plus a special parole term of three years, the sentences to be served concurrently. This timely appeal is taken from such final judgment and sentence.

The sales here involved were made to undercover police officers who positively identified the defendant as the seller. The testimony…