Suarez v. United States

Frank Suarez, Defendant-Appellant, was convicted by a jury on all six counts of an indictment charging him with the purchase and sale of cocaine, in violation of Title 26 U.S.C.A. § 4704(a) and § 4705(a). On three occasions, Suarez sold to a federal narcotics agent, William H. Mattingly, quantities of cocaine. Suarez was paid $25.00 for 900 milligrams delivered on August 2, 1960; $50.00 for 300 milligrams delivered on August 12, 1960; and $25.00 for one gram delivered August 23, 1960. With respect to the above transactions, Suarez was indicted for the purchase of the cocaine, not in and from the original stamped package (odd numbered counts), and the sale of it, not pursuant to an order form prescribed by the Treasury Department (even numbered counts).