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UNITED STATES v. MIRANDA

No. 73-3602.

494 F.2d 783 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Raul MIRANDA, aka "Wimpy," Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 3, 1974.

Attorney(s) appearing for the Case

Jimmy L. Heisz, Dallas, Tex. (court-appointed), for defendant-appellant.

William S. Sessions, U. S. Atty., San Antonio, Tex., Ralph E. Harris, Asst. U. S. Atty., El Paso, Tex., for plaintiff-appellee.

Before BROWN, Chief Judge, and GODBOLD and RONEY, Circuit Judges.

RONEY, Circuit Judge:

Raul Miranda, aka "Wimpy," was convicted of knowingly and intentionally possessing with the intent to distribute and of distributing approximately 40 milligrams of heroin in violation of 21 U.S.C.A. § 841(a)(1). On appeal he challenges his conviction on the following grounds: (1) the indictment was insufficient because it did not allege that he "unlawfully" possessed and distributed the heroin;...

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