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UNITED STATES v. HERN

No. 72-1353.

469 F.2d 689 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Bedford James HERN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 9, 1972.

Attorney(s) appearing for the Case

Mobley M. Milam (argued), San Diego, Cal., for defendant-appellant.

James W. Meyers, Asst. U. S. Atty. (argued), Stephen G. Nelson, Douglas G. Hendricks, Asst. U. S. Attys., Harry D. Steward, U. S. Atty., San Diego, Cal., James L. Browning, Jr., U. S. Atty., Brian B. Denton, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before HAMLEY and WRIGHT, Circuit Judges, and POWELL, District Judge.

PER CURIAM:

Appellant entered a plea of guilty to Count 2 of the indictment charging him with unlawful transportation of heroin in violation of 21 U.S.C. 174, committed on April 18, 1971. Count 1 was dismissed. He was sentenced to 15 years imprisonment. Appellant's two contentions are that the statute was beyond the power of Congress to enact and the refusal to name the informant deprived him of due process. In the context of this case neither contention is supported...

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