United States v. David Porter, Jr.

Eighth Circuit

United States v. David Porter, Jr.

441 F.2d 1166, 1971 U.S. App. LEXIS 10178

CourtCourt of Appeals for the Eighth Circuit

DecidedMay 14, 1971

Docket20457

StatusPublished

Cited by1 cases

This text of 441 F.2d 1166 (United States v. David Porter, Jr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. David Porter, Jr., 441 F.2d 1166, 1971 U.S. App. LEXIS 10178 (8th Cir. 1971).

Pincite

Opinion

PER CURIAM.

A jury found, (1) that David Porter, Jr. had purchased heroin on May 14, 1969 and June 26, 1969, which was not in or from the original package as charged in two Counts of the indictment, in violation of 26 U.S.C. § 4704(a); (2) that Porter had sold heroin on the same dates not in pursuance of a written order of the person to whom it was sold as charged in the other two Counts of the indictment, in violation of 26 U.S.C. § 4705(a).

Judgment was entered. Porter was sentenced to eight years on each of the four Counts, the sentences to run and be served concurrently. Porter has appealed.

Porter complains of error in the admission of evidence; that “Counts II and IV [sale of the heroin] constitute double jeopardy * * *”; that § 4704(a) is unconstitutional and that the Court erred in its instructions to the jury.

We have examined the record and hold there was sufficient evidence to support the jury’s verdict and that the Court did not commit any error of law which affected the substantial rights of Porter.

The judgment is affirmed.

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