Osvaldo Lugo v. United States

BARNES, Circuit Judge:

This is an appeal by the named appellant from his conviction on three counts (II, III and IV) of a four count indictment. He was sentenced to five years on Count II, and placed on probation on Counts III and IV for five years, consecutive to Count II. The jury had also convicted appellant on Count I (conspiracy to smuggle four grams of heroin), but the trial judge set aside that verdict. Counts II and III charged appellant with aiding and abetting the codefendant, Jose de la Rosa, in smuggling and concealing two ounces of heroin (18 U.S.C. § 2; 21 U.S.C. § 174), and…