United States v. Craig, 72-1922.
| Decision Date | 25 April 1973 |
| Docket Number | No. 72-1922.,72-1922. |
| Citation | 477 F.2d 129 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. William CRAIG, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Cornelius Pitts, Detroit, Mich., for defendant-appellant.
William C. Ibershof, Asst. U. S. Atty., E. D. Mich., Detroit, for plaintiff-appellee; Ralph B. Guy, Jr., U. S. Atty., on brief.
Before PHILLIPS, Chief Judge, MILLER, Circuit Judge, and McALLISTER, Senior Circuit Judge.
Defendant was convicted on two counts of selling narcotics. There were two government witnesses who were special agents—one, the buyer in the transaction, and the other, the witness of the sales. The defendant appeals the conviction and raises two issues.
It appears that a woman, who was a narcotic-user herself, was the go-between. She had been arrested on the charge and was out on bail. Through her, the special agents learned of the man who had procured narcotics for her and had used them while with her on many occasions. One of the special agents had been introduced to defendant and to the woman go-between by another special agent. The agent, with the woman go-between, referred to as an informant, went to see defendant at his home. According to the agent's testimony, he asked defendant if he could purchase heroin from him and defendant answered that he could. Defendant told the agent that the heroin was of good quality; that the charge would be $350.00 an ounce; and if the heroin were found unsatisfactory, a refund would be made. They then went to a certain house where the agent gave defendant the money and, in turn, received the narcotics. The two agents testified to similar transactions in which defendant afterward sold additional heroin to them. In some instances the woman go-between, or informer, was in the car with defendant and one or the other of the agents when they drove to the house where defendant procured the narcotics. Defendant testified that when he went to the house mentioned to secure the narcotics, the money for the purchase of the narcotics was handed to the go-between, or informer, and she turned the money over to the defendant. In addition, the defendant stated that when he procured the narcotics from the house, he handed them to the go-between, who then handed them over to the agent.
The defendant also stated he was told by the go-between that the special agent was an out-of-town dealer in narcotics and she wanted defendant to get some drugs for her to give to the agent in return for the money received from the agent and handed to the defendant. Moreover, and this point is pertinent, the defendant stated that for his services in procuring the narcotics, he received some drugs for himself, and that "it helps when you haven't got no money and you haven't had no drugs that day, to run into somebody who is looking for some nice drugs." Defendant also said that he and the go-between and the agent all engaged in discussion about the narcotics and their prices.
Defendant claims that upon his request, the Government was...
To continue reading
Request your trial
-
U.S. v. Frank, 89-10289
...punishment in their deliberations."), cert. denied, 439 U.S. 858, 99 S.Ct. 173, 58 L.Ed.2d 165 (1978). Accord, United States v. Craig, 477 F.2d 129, 131 (6th Cir.1973); E. Devit & C. Blackmar, Federal Jury Practice and Instructions, § 18.02 (3d ed. In 1957, the District of Columbia Circuit ......
-
U.S. v. Frank
...punishment in their deliberations."), cert. denied, 439 U.S. 858, 99 S.Ct. 173, 58 L.Ed.2d 165 (1978). Accord, United States v. Craig, 477 F.2d 129, 131 (6th Cir.1973); E. Devit & C. Blackmar, Federal Jury Practice and Instructions, Sec. 18.02 (3d In 1957, the District of Columbia Circuit c......
-
State v. Koch, 5527
...was up to the court and shortly thereafter jury returned guilty verdict with no recommendation of leniency); United States v. Craig, 477 F.2d 129 (6th Cir.1973) (trial judge explained sentencing procedure but did not indicate leniency would be granted and advised jury that punishment was up......
-
U.S. v. Stevens, 74-1592
...to have the witness produced at trial, nor did he otherwise bring the issue to the attention of the trial court. In United States v. Craig, 477 F.2d 129 (6th Cir. 1973), the government failed to produce the go-between who introduced the special agent to the defendant for the purpose of maki......