No. 73-1099.

485 F.2d 195 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. John R. SAWYER, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided September 21, 1973.

Attorney(s) appearing for the Case

Richard J. Smith, Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., Victor K. Sizemore, Asst. U. S. Atty., Albuquerque, N. M., on the brief), for plaintiff-appellee.

Richard B. Gavend, Denver, Colo., for defendant-appellant.

Before JONES, SETH and DOYLE, Circuit Judges.


The appellant, John R. Sawyer, Jr., was convicted on all counts of a four count indictment charging violations of 21 U.S.C.A. § 841(a)(1). Counts I and II charged possession and distribution of heroin on May 17, 1972. Counts III and IV charged like offenses on May 27, 1972. He was sentenced to five years imprisonment on each count with the sentences to run concurrently.

The evidence showed that on May 17, 1972, Michael G. Salazar, a narcotic...

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