UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
JIMMY NOEL, DEFENDANT-APPELLANT

6th Cir. | 1974-01-10
No. 73-1763
490 F.2d 89 United States Court of Appeals for the Sixth Circuit (1974) Positive Treatment
Cited by 10 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court held that convictions on two counts of aiding and abetting the sale of heroin were valid because they required differing substantive proofs.


Facts & Procedural History

Appellant was charged with aiding and abetting the sale and distribution of heroin in two counts, involving different quantities of heroin sold on the…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from judgments and sentences entered on a three-count indictment after a jury trial in the United States District Court for the Western District of Tennessee, Western Division. Appellant had been charged with violations of 21 U.S.C. § 841 (1970), and 18 U.S.C. § 2 (1970), for aiding and abetting and for serving as a principal in the sale and distribution of heroin.

On review of the briefs and appendices and oral arguments, the court finds that the record contains ample evidence from which the jury verdicts of guilty could properly have been entered. Additionally, we find no reversible error in the court’s handling of voir dire of the prospective jurors, United States v. Car-abbia, 381 F. 2d 133 (6th Cir.), cert, denied, 389 U.S. 1007, 88 S.Ct. 564, 19 L. Ed.2d 602 (1967), nor in the rulings on admission or exclusion of evidence.

As to this latter question pertaining to the offer of polygraph evidence, see United States v. Tremont, 351 F. 2d 144 (6th Cir. 1965), cert, denied, 383 U.S. 944, 86 S.Ct. 1198, 16 L.Ed.2d 207 (1966).

The principal issue argued before the court concerned whether or not the first two counts of the indictment represented in actuality the commission of only one crime. In this regard the first and second counts charged the defendant with aiding and abetting in the sale of 104 grams of a substance containing heroin, and another count of aiding and abetting in the sale of .76 grams of a substance containing heroin, both on the same day and through the same agent.

The government’s testimony on this score, however, indicated that the sale arranged with appellant Noel pertained to two “spoons” of heroin for two separate individuals. The security restrictions of the seller called for delivery by another person at a specific time and place and to only one party. We regard these facts as being such as to require differing substantive proofs as to the two offenses, and that as a consequence, convictions on the two counts were valid.

In addition, we note that the District Judge administered the same sentence on all three counts, with the sentences being designated to. run concurrently.1

No other issues of merit being presented, we affirm the judgment of the District Court.

. See Barnes v. United States, 412 U.S. 837, 848 n. 16, 93 S.Ct. 2357, 37 L.Ed.2d 380 (1973).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw