481 F.2d 929 (5th Cir. 1973), 72-3815, United States v. Hill

Docket Nº:72-3815 [*]
Citation:481 F.2d 929
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Calvin HILL, Defendant-Appellant.
Case Date:July 23, 1973
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
 
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Page 929

481 F.2d 929 (5th Cir. 1973)

UNITED STATES of America, Plaintiff-Appellee,

v.

Calvin HILL, Defendant-Appellant.

No. 72-3815 [*]

United States Court of Appeals, Fifth Circuit.

July 23, 1973

Fred L. Cavalli, court-appointed, Atlanta, Ga., for defendant-appellant.

John W. Stokes, Jr., U. S. Atty., William P. Gaffney, Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

AINSWORTH, Circuit Judge:

Defendant Calvin Hill was found guilty by a jury of distributing heroin in violation of 21 U.S.C. § 841(a)(1) (1970) and sentenced by the district court to four years' imprisonment, to be followed by three years' parole. The district court also recommended to the Attorney General that defendant serve his sentence at an institution where he could receive treatment for his drug addiction.

Page 930

Appellant Hill raises several points on appeal, including the sufficiency of evidence to warrant conviction, and the general admission of a witness' prior statement. We affirm.

Stephen T. Garrison, an undercover investigator with the DeKalb County Police Department of Atlanta, Georgia, testified that he and an informant, Stephen Anthony Settles, went to Cassandra Bufford's apartment on Fulton Street in Atlanta in the afternoon of September 26, 1972 to complete the purchase of one-half ounce of heroin for $700. "Sandra" said the arrangements were complete, and introduced Isaiah Grant. Grant made a phone call and then got into an automobile driven by an unidentified individual. With Garrison and Settles following in another automobile, Grant went to a gasoline station on Auburn Avenue where he picked up Hill. Then they drove farther and finally pulled down a side road and stopped. Hill got out of the car and disappeared around a corner.

Grant walked back to Garrison's car and asked for $700. Garrison insisted on a sample first, so Grant went around the same corner as Hill and returned with a piece of aluminum foil containing a white powder. After examining it, Garrison said he was satisfied but said he wanted the rest of the heroin at the same time as the money was exchanged. Garrison then testified that "[i]t was agreed that the party from which the heroin was coming from would be in the bushes slightly to the right and in front of both of the vehicles; that the informant would go up to the bushes and we would receive from the person in the bushes, who I later recognized to be Calvin Hill, the heroin." Grant and Garrison were to remain at the automobiles, and Garrison was to give Grant $700 when Settles signalled that he had the heroin.

Grant walked around the corner where Hill had gone and where Grant had earlier gotten the sample of heroin. Shortly after he returned, a man appeared at the bushes with an article of clothing over his face. Garrison identified the article of clothing as a "lady's sock or something to that...

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