United States v. Willie Alro Kelly

CUMMINGS, Circuit Judge.

A two-count indictment was returned against defendant, charging him with distributing heroin on April 12 and May 1, 1973, in violation of 21 U.S.C. § 841(a)(1).1 The jury found him guilty on both counts. He was given a 10-year sentence on Count I, plus a 3-year special parole term. An identical concurrent sentence was imposed on Count II.

The only issue raised on appeal is whether a portion of the court’s instruction 7, which was based on 21 U.S.C. § 885(b), was improper. Instruction 7 provided in pertinent part:

“In the absence of proof that a person is the duly…