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UNITED STATES v. JOSEPH

No. 75-1187.

533 F.2d 282 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry JOSEPH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 14, 1976.

Attorney(s) appearing for the Case

John Volz, Federal Public Defender (Crt. Apptd. not Under Act), Richard T. Simmons, Jr., Asst. Federal Public Defender, New Orleans, La., for defendant-appellant.

Gerald J. Gallinghouse, U. S. Atty., George R. Simno, III, Asst. U. S. Atty., New Orleans, La., for plaintiff-appellee.

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

RONEY, Circuit Judge:

The defendant, Jerry Joseph, was convicted on two counts of knowingly and intentionally distributing heroin in violation of 21 U.S.C.A. § 841(a). On appeal Joseph presents five points for review:

(1) that the evidence was insufficient to support his conviction; (2) that he was denied his Sixth Amendment right to compulsory process for obtaining witnesses; (3) that his motion for a mistrial should have been granted...

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