The opinion of the court was delivered by: SCALERA
Defendants, Arthur Moses and Claudell Gillis, were tried before this court without a jury on a one-court indictment charging that on or about July 15, 1972 in Pittsburgh in the Western District of Pennsylvania, they knowingly and intentionally possessed, with intent to distribute, approximately 22.5 grams of heroin, a narcotic drug and Schedule I controlled substance, in violation of Title 21 U.S.C. § 841(a)(1).
This court having duly considered the evidence submitted by stipulation and by testimony, the trial briefs and oral arguments of counsel now makes the following findings of fact and conclusions of law.
1. William Jacobs, Arthur Moses and Claudell Gillis were seen together at a bar near Talbot Towers in Braddock, Pennsylvania, at approximately Mid-night on July 15, 1972.
2. At approximately 5:25 a.m. on July 15, 1972, agents from the Bureau of Narcotics and Dangerous Drugs (BNDD) stopped a 1971 Mercury Couger at the intersection of 4th and South Braddock Avenues in the Borough of Braddock in the Western District of Pennsylvania.
3. The occupants of the vehicle were Arthur Moses, the driver, Claudell Gillis, seated in the right-front seat, and Bernard Smith, seated in the back seat.
4. The vehicle belonged to Floyd Jacobs, who frequently permitted his brother William Jacobs to use the car.
5. The agents identified themselves, placed the occupants under arrest, and advised them of their rights pursuant to Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966). After being preliminarily searched at the scene of the arrest, the occupants were taken to the Braddock Police Station where they were again searched.
6. The agents found on Arthur Moses a loaded 32-caliber automatic weapon in a shoulder holster, 50 glassine packets containing 21.62 grams of heroin of 2.2% purity in a brown paper bag in his jacket pocket, and a glassine packet containing.49 grams of heroin behind a belt in the front of his pants.
7. The street value of the 50 glassine packets found on Moses is approximately $1,250, each packet having an estimated street price of $25.
8. Agents found on Gillis a loaded 32-caliber automatic weapon in a shoulder holder under his jacket and a glassine packet containing.39 grams of heroin in a Kool cigarette package.
9. Nothing was found on Smith.
10. The glassine packet in the Kool package was similar to the glassine packets found on the person of Moses. All were glassine envelopes of the type regularly used by stamp collectors. They were the ...