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This section contains the nature of the case and procedural background.

John T. Smith was an informer. After several preliminary meetings with Roman (D), Smith met with Ds in Singapore. They discussed the importation and sale of substantial amounts of narcotics in the United States. On November 12th or 13th, Ds picked up Smith's suitcase at his hotel. The following evening they showed it to Smith at Roman's (D) house. It contained white powder, which Roman (D) said was 2.5 kilograms of heroin. Laboratory analysis confirmed that it was 96% pure heroin. The next day Roman (D) drove Smith to the airport, with the suitcase in the trunk of the car, with the heroin in it. At the airport, Smith gave the suitcase to an agent of the Bureau of Narcotics and Dangerous Drugs (BNDD). The heroin was removed and replaced with soap powder. Smith flew to New York and picked up the suitcase and placed it in a locker in Pennsylvania Station. Smith then met Ds at the Hotel McAlpin in Manhattan and showed Roman (D) the key to the locker. Ds offered to sell the 2.5 kilograms of heroin to agents of the BNDD who were posing as buyers. The agents sought to purchase an additional 25 kilograms. Roman (D) insisted the initial transaction be limited to 2.5 kilograms. When the parties reached an impasse Ds were arrested and charged with conspiracy and possession of heroin with intent to distribute. Ds claimed impossibility on the charge for possession with intent to distribute. Ds were tried by the judge.

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