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UNITED STATES v. JENKINS

No. 72-3679.

480 F.2d 1198 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Henry JENKINS, aka Terry Lee Jenkins, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 18, 1973.

Attorney(s) appearing for the Case

Morton Orbach, South Miami, Fla. (court-appointed), for defendant-appellant.

Robert W. Rust, U. S. Atty., William R. Northcutt, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before GEWIN, THORNBERRY and SIMPSON, Circuit Judges.

PER CURIAM:

Jenkins was convicted by the lower court sitting without a jury of knowingly and intentionally distributing a controlled substance, heroin,1 in violation of Title 21, U.S.C., § 841, in consequence of a sale to an undercover U. S. Bureau of Narcotic Drugs agent, Campbell.

Jenkins raises two contentions on appeal: (1) that the United States violated his Fifth Amendment due process rights by using an informer, Giles...

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