United States v. Reynaldo Garcia

E. GRADY JOLLY, Circuit Judge.

I. INTRODUCTION

Appellant Reynaldo Garcia was indicted on five counts of conspiring to distribute and distributing a total of 119.1 grams of heroin between February 17, 1981, and March 23, 1981, in violation of 21 U.S.C. §§ 841(a)(1), 846 and 18 U.S.C. § 2. On February 1, 1982, Garcia’s plea of guilty to one count of distributing .4 grams of heroin was accepted, and on motion of the government the other four counts were dismissed. The district judge sentenced Garcia to a term of ten years with a special parole term of five years and refused Garcia’s request for…