U.S. Court of Appeals for the Third Circuit, 1974

United States v. Ralph Redwood

U.S. Court of Appeals for the Third Circuit · Decided February 5, 1974 · Adams, Hunter, Per Curiam, Weis

492 F.2d 216 (Federal Reporter, Second Series)

Counsel

Robert E. J. Curran, U. S. Atty., Gilbert J. Scutti, Asst. U. S. Atty., for appellee., Edward H. Weis, Mark D. Schaffer, Vincent J. Ziccardi, Philadelphia, Pa., for appellant.

Cases that cite this one

4 later published cases cite this decision.

State v. Allen (Iowa 2001)
State v. Burden (Alaska Ct. App. 1997)
People v. Dinkel (Colo. 1975)
Tipton v. State (Okla. Crim. App. 1974)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

OPINION OF THE COURT

PER CURIAM:

The sole issue on this appeal is whether the district court erred in refusing to instruct the jury that the “procuring agent” or “purchasing agent” theory was a valid defense to the criminal charge of unlawful distribution of heroin under 21 U.S.C. § 841(a). 1

Appellant correctly observes that under prior law a person could not be convicted of “selling” narcotics if he were acting solely on behalf of the purchaser. United States v. Sawyer, 210 F.2d 169 (3d Cir. 1964). Under the present law, however, the conduct proscribed is “distribution” 2 rather than “sale” of a controlled substance. We believe that this change of language clearly precludes the use of the “procuring agent” or “purchasing agent” defense. 3 Accord, United States v. Johnson, 481 F.2d 645 (5th Cir. 1973); United States v. Hernandez, 480 F.2d 1044 (9th Cir. 1973); United States v. Workopich, 479 F.2d 1142 (5th Cir. 1973).

The order of the district court will be affirmed.

. Appellant argues that he was acting solely on behalf of the purchaser and thus not within the proscription of 21 U.S.C. § 841(a).

. See 21 U.S.C. § 841(a).

. The act defines “distribute” to mean “to deliver ... a controlled substance” and defines “deliver” as the “transfer of a controlled substance, whether or not there exists an agency relationship 21 U.S.C. § 802(8), (11) (emphasis added).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.