Legal Opinion

United States v. Daughtry

Court of Appeals for the Fifth Circuit

Decided October 11, 1974No. 74-1701PublishedCited by 25 opinions

1Opinion of the Court

JOHN R. BROWN, Chief Judge:

Daughtry appeals from his conviction, following a jury trial, of distributing heroin. While the Government’s case is not one of the strongest we have reviewed we have not found any reversible error and, therefore, affirm.

Appellant admitted selling a packet of powder to an undercover narcotics officer. His defense is he sold the agents a harmless powder (aspirin and black pepper) as part of an ongoing effort he was involved in to discourage drug “pushers” from entering the black community. He asserts the small amount of heroin found in the powder 1 2was either added…

2Cases cited8 opinions

  1. Albert Lopez Gallego v. United StatesCourt of Appeals for the Ninth Circuit · 1960
  2. United States v. Carlee BrownCourt of Appeals for the Eighth Circuit · 1973
  3. Herman C. West, Jr. v. United StatesCourt of Appeals for the Eighth Circuit · 1966
  4. United States v. S. B. Penick & Co.Court of Appeals for the Second Circuit · 1943
  5. Lestico v. KuehnerSupreme Court of Minnesota · 1938

3 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. United States v. Larry Starks, in No. 74-1966 Appeal of Alonzo Robinson, in No. 74-1947. Appeal of Donald Everett Abney, in No. 74-1967Court of Appeals for the Third Circuit · 1975
  2. Peek v. StateSupreme Court of Florida · 1981
  3. United States v. Skeeter Cyphers and David WillmanCourt of Appeals for the Seventh Circuit · 1977
  4. United States v. Felix German Luna, United States of America v. Wilberto Luna, United States of America v. Hipolito CruzCourt of Appeals for the First Circuit · 1978
  5. United States v. Allen CoadesCourt of Appeals for the Ninth Circuit · 1977

20 more not listed; retrieve them via the Exa API.

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