UNITED STATES v. HENRY

No. 73-2255.

487 F.2d 912 (1973)

UNITED STATES of America, Appellee, v. Darrell Duane HENRY, Appellant.

United States Court of Appeals, Ninth Circuit.

November 20, 1973.


Attorney(s) appearing for the Case

Gary D. Gayton (argued), Seattle, Wash., for appellant.

Stan Pitkin, U. S. Atty., Marvin L. Gray, Jr., Charles F. Manefield, Asst. U. S. Attys. (argued), Seattle, Wash., for appellee.

Before DUNIWAY, ALDRICH, and SNEED, Circuit Judges.


OPINION

PER CURIAM:

Appellant Henry was convicted on two counts of sale of heroin and conspiracy to sell heroin. The sole issue on appeal is whether the destruction of the heroin prior to appellant's trial necessitates reversal of his conviction.

Ronald Mattos was indicted for sale and possession of heroin and pleaded guilty. The Government discussed with Mattos the possibility of testifying against appellant, his supplier, but Mattos refused to...

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