United States v. Dale Ray Haley

LAY, Circuit Judge.

Defendant Dale Ray Haley was convicted in the United States District Court for the Southern District of Iowa on two counts under 26 U.S.C. § 4704(a), 1 dispensing and distributing heroin not in or from the original stamped package; and on two counts under § 4705(a), 2 selling heroin not pursuant to a written order. He appeals his judgment of conviction. 3 He asserts as error: (1) the jury’s acquittal of defendant on the counts charged under § 174 4 removed jurisdiction to prosecute for the illegal sales since the acquittal established that the defendant had no knowledge of…