UNITED STATES v. ESTELL

Nos. 75-1640 and 75-1641.

539 F.2d 697 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Frank ESTELL and Silas Smith, Jr., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided August 3, 1976.


Attorney(s) appearing for the Case

Monti L. Belot, Asst. U.S. Atty., Topeka, Kan. (E. Edward Johnson, U.S. Atty., Topeka, Kan., and Stephen K. Lester, Asst. U.S. Atty., Wichita, Kan., on the brief), for plaintiff-appellee.

Leonard D. Munker, Federal Public Defender, Wichita, Kan. (Daniel J. High, Asst. Federal Public Defender, Wichita, Kan., on the brief), for defendants-appellants.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

This is an appeal from a criminal conviction of the defendant-appellant, who was charged with the unlawful, knowing and intentional distribution of heroin.

The incident occurred on November 20, 1974, at Fort Riley, Kansas. The government was utilizing the services of one James Ray, a Fort Riley, Kansas soldier who was acting as an undercover agent. The evidence showed that Ray had been assigned to Fort Riley following an 18...

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