Roberts (D) plead guilty to two counts of using the phone to facilitate the distribution of heroin. At first, during the investigation of his crimes, D cooperated with the authorities. However, when asked to name suppliers, D gave evasive answers. Investigators warned D that the extent of his cooperation would bear on the charges brought against him. D provided no further information. D was sentenced to consecutive sentences of one to four years on each count and a special parole term of three years. The court stated that D was on parole from a bank robbery conviction at the time of the offenses and that he was a dealer who refused to cooperate. D appealed.

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