United States v. Cruz Hererra Rodrigues

COFFIN, Circuit Judge.

Appellant was convicted of selling heroin not pursuant to a written order in violation of 26 U.S.C. § 4705(a) on the basis of three separate sales to one Wheeler, a government agent. At trial appellant denied ever selling the drugs to the agent, but testified that on the first occasion upon inquiry he merely suggested to Wheeler a possible source of drugs and that, with respect to the second and third transactions he acted as a “procuring agent” doing Wheeler a “favor”. Wheeler testified to the contrary that the appellant did make the sales in question by directly…