United States v. Charles Gary, Milton Wilson

BARNES, Circuit Judge:

Appellants Gary and Wilson attack their conviction before a jury of two counts of conducting heroin transactions in violation of 21 U.S.C. § 174.

The evidence must be discussed. The testimony discloses that on March 27, 1970, Agent Sutton of the Federal Bureau of Narcotics and Dangerous Drugs accompanied one “Rip”, an undercover informant, to appellant Gary’s residence in Lompoc, California. After speaking to Gary outside the residence, Sutton and Gary went inside. Sutton testified that they discussed the price and quantity of heroin that Gary could deliver. He stated…