opinion: UNITED STATES of America, Plaintiff-Appellee, v. Robert STEVENS, Defendant-Appellant.
  No. 74-1592.
  United States Court of Appeals, Sixth Circuit.
  Aug. 15, 1975.
  Barry L. Howard, May, Burston, May & Greenspan, Detroit, Mich., for defendant-appellant.
  Ralph B. Guy, Jr., U. S. Atty., Robert D. Sharp, Asst. U. S. Atty., Peter Rosen, DEA Strike Force, Detroit, Mich., for plaintiff-appellee.
  Before EDWARDS and ENGEL, Circuit Judges, and CECIL, Senior Circuit Judge.
  ENGEL, Circuit Judge.
  Robert Stevens was convicted by a jury in the Eastern District of Michigan of two counts of violating 21 U.S.C. § 841(a)(1), part of the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 801 et seq. Count One charged Stevens with possessing heroin with the intent to distribute it, in violation of Section 841(a)(1); Count Two charged him with the actual distribution of heroin in violation of Section 841(a)(1). Upon conviction, he was sentenced to three years on each count, the sentences to run concurrently.
  On August 29,1972 Stevens was asked by a female acquaintance if he would furnish narcotics to her friend. Stevens agreed and later that day turned a quantity of heroin over to the woman’s friend, who was in fact a government undercover agent. At the trial the undercover agent testified to the transaction in which he purchased drugs from appellant. The woman who introduced them did not appear at trial at all, nor did either side attempt to obtain her appearance.
  Stevens raises three issues on appeal. However, only the third merits extended discussion.
  Stevens first complains that the failure of the government to produce the “cooperating witness” denied him a fair trial, particularly as it related to his defense of entrapment which he claims would be corroborated by that witness. He did not request the government at any time to produce the witness, nor did he complain of this problem to the trial judge below. Nevertheless, Stevens claims that the government’s failure to produce the witness constitutes plain error, F.R.Crim.P. 52(b), and merits reversal of the judgment below.
  This issue is without merit. Although he knew who the witness was, Stevens made no effort to have the witness produced at trial, nor did he otherwise bring the issue to the attention of the trial court. In United States v. Craig, 477 F.2d 129 (6th Cir. 1973), the government failed to produce the go-between who introduced the special agent to the defendant for the purpose of making a narcotics buy. The defendant claimed that upon his request, he was entitled to have the witness produced. This court did not agree:
  “The government is not ordinarily compelled to call all witnesses competent to testify including special agents or informers [citations]. The evidence upon which the appellant was convicted was secured by government agents personally and was in no way dependent on any informer [citations]. The Government was not required to produce the informer under the circumstances of this case; and we find defendant’s contention in this regard to be without merit.” 477 F.2d 130, 131 (1973)
  Stevens’ second claim of error is that the district judge abused his discretion in permitting the government to cross-examine him regarding his prior convictions. After first being asked if he had ever been convicted of a felony and responding “Certainly”, Stevens was asked:
  “What felony or felonies have you been convicted of?”
  Stevens claims that this question, in going beyond the initial inquiry as to whether prior convictions had occurred, was improper. The court overruled defense objection to the question, but properly instructed the jury that its admission was solely to test credibility. The government attorney did not further pursue the matter. The inquiry, so limited, was proper. United States v. Bowen, 500 F.2d 41 (1974), cert. denied 419 U.S. 1003, 95 S.Ct. 322, 42 L.Ed.2d 278 (1974). See also United States v. Jackson, 344 F.2d 922 (6th Cir. 1965), cert. denied 382 U.S. 880, 86 S.Ct. 169, 15 L.Ed.2d 120 (1965).
  Stevens’ third ground for appeal was that the trial court erred in refusing his motion to dismiss one of the counts because “there was however only one transaction between the same people involving the same substance.”
  As correctly pointed out by appellant, the single act of sale of heroin to the undercover agent formed the entire basis for his conviction of both counts of the indictment. In this respect, the case is identical to two cases recently decided in the Fourth Circuit, United States v. Atkinson, 512 F.2d 1235 (1975); United States v. Curry, 512 F.2d 1299 (1975).
  In Atkinson and Curry, as here, appellants were charged and convicted on two counts of violation of § 841(a)(1) for possession with intent to distribute and distribution of heroin. In Atkinson, the defendant was given two fifteen-year sentences for the offenses, the sentences to run consecutively. The court remanded the case to the district court to vacate one of the two sentences imposed, stating:
  Appellant Molden Atkinson asserts that the two 15-year sentences imposed on him exceeded the permissible sentencing limit for his involvement in the drug transaction. On the facts of this case, we agree. His possession of the drug was not shown to exist separately from the moment in which the heroin was transferred to the government agent. Only when he produced the heroin for the sale was his possession shown to exist. Under these circumstances, while the single act was proof of two offenses, we are of opinion it was not the intent of Congress to increase the maximum sentence when two violations of the same subsection of the statute are shown by a single act. Cf. Prince v. United States, 352 U.S. 322, 77 S.Ct. 403, 1 L.Ed.2d 370 (1957).
  Our ruling as to sentencing under 21 U.S.C. § 841(a)(1) is based on the limited factual situation presented here. We do not reach the question of multiple sentencing under other situations which may or may not arise. 512 F.2d at 1240
  In Prince v. United States, 352 U.S. 322, 77 S.Ct. 403, 1 L.Ed.2d 370 (1957), the Supreme Court faced a somewhat similar question where the defendant was convicted of entering a bank for the purpose of committing a felony, 18 U.S.C. § 2113(a), and bank larceny, 18 U.S.C. § 2113(b). As construed by this court in United States v. Fried, 436 F.2d 784 (6th Cir. 1971), and several other courts of appeals, Prince permits separate convictions on the two charges, but not multiple sentences.
  We are in agreement with the Fourth Circuit that the logic of Prince supports a like determination under the facts here. The question is one of legislative intent, and this construction appears best designed to achieve it. See United States v. Valot, 481 F.2d 22 (2nd Cir. 1973), and discussion therein of Section 841(a) and other sections of the Comprehensive Drug Abuse Prevention and Control Act of 1970.
  It is true that allowing the judgment of conviction on each count to stand, but permitting only a single sentence presents the anomaly of one conviction going apparently unvindicated. That the solution may be untidy in this respect did not bother the court in Prince v. United States, supra, nor does it concern us when it possesses the superior virtue of achieving a just result which is consistent with legislative intent.
  The trial court here imposed identical and concurrent sentences on each count, thus distinguishing this case from those cited. While it is true that this substantially reduces the potential prejudice to defendant which exists where the sentences are consecutive, we cannot hold that it altogether eliminates it and renders the effect harmless. United States v. Machibroda, 338 F.2d 947 (6th Cir. 1964).
  The judgment of conviction is accordingly affirmed except as to sentencing. The case is remanded to the district court for the purpose of vacating one of the two concurrent sentences imposed upon the defendant.
  . 21 U.S.C. § 841(a)(1) provides:
  (a) Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally—
  (1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or
  . In United States v. Upthegrove, 504 F.2d 682 (6th Cir. 1974), the defendants were convicted of unlawful possession of phencyclidine [21 U.S.C. § 844(a)] and of possession of the same drug with intent to distribute it, [21 U.S.C. § 841(a)(1)]. We had earlier ruled that the simple possession charge was a lesser and included offense within a charge of possession with intent to distribute, United States v. Wade, 502 F.2d 144 (6th Cir. 1974), and accordingly in Upthegrove, held that both the judgment of conviction itself as well as the sentence under the lesser charge was fully merged and could not stand. Here, both distribution and possession with intent to distribute are subject to maximum fifteen year penalties. Hence, one cannot be said to be lesser and included within the other in the usual sense. The possession with intent charge can be proved without proof of actual distribution and the distribution charge can conceivably be proved without proof of possession. Thus two offenses can exist, for each provision requires proof of a fact which the other does not. Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932); Gavieres v. United States, 220 U.S. 338, 31 S.Ct. 421, 55 L.Ed. 489 (1911).
instruction: What follows is an opinion from a United States Court of Appeals.
  Intervenors who participated as parties at the courts of appeals should be counted as either appellants or respondents when it can be determined whose position they supported. For example, if there were two plaintiffs who lost in district court, appealed, and were joined by four intervenors who also asked the court of appeals to reverse the district court, the number of appellants should be coded as six.
  In some cases there is some confusion over who should be listed as the appellant and who as the respondent. This confusion is primarily the result of the presence of multiple docket numbers consolidated into a single appeal that is disposed of by a single opinion. Most frequently, this occurs when there are cross appeals and/or when one litigant sued (or was sued by) multiple litigants that were originally filed in district court as separate actions. The coding rule followed in such cases should be to go strictly by the designation provided in the title of the case. The first person listed in the title as the appellant should be coded as the appellant even if they subsequently appeared in a second docket number as the respondent and regardless of who was characterized as the appellant in the opinion.
  To clarify the coding conventions, consider the following hypothetical case in which the US Justice Department sues a labor union to strike down a racially discriminatory seniority system and the corporation (siding with the position of its union) simultaneously sues the government to get an injunction to block enforcement of the relevant civil rights law. From a district court decision that consolidated the two suits and declared the seniority system illegal but refused to impose financial penalties on the union, the corporation appeals and the government and union file cross appeals from the decision in the suit brought by the government. Assume the case was listed in the Federal Reporter as follows:
  United States of America,
  Plaintiff, Appellant
  v
  International Brotherhood of Widget Workers,AFL-CIO
  Defendant, Appellee.
  International Brotherhood of Widget Workers,AFL-CIO
  Defendants, Cross-appellants
  v
  United States of America.
  Widgets, Inc. & Susan Kuersten Sheehan, President & Chairman
  of the Board
  Plaintiff, Appellants,
  v
  United States of America,
  Defendant, Appellee.
  This case should be coded as follows:Appellant = United States, Respondents = International Brotherhood of Widget Workers Widgets, Inc., Total number of appellants = 1, Number of appellants that fall into the category "the federal government, its agencies, and officials" = 1, Total number of respondents = 3, Number of respondents that fall into the category "private business and its executives" = 2, Number of respondents that fall into the category "groups and associations" = 1.
  Note that if an individual is listed by name, but their appearance in the case is as a government official, then they should be counted as a government rather than as a private person. For example, in the case "Billy Jones & Alfredo Ruiz v Joe Smith" where Smith is a state prisoner who brought a civil rights suit against two of the wardens in the prison (Jones & Ruiz), the following values should be coded: number of appellants that fall into the category "natural persons" =0 and number that fall into the category "state governments, their agencies, and officials" =2. A similar logic should be applied to businesses and associations. Officers of a company or association whose role in the case is as a representative of their company or association should be coded as being a business or association rather than as a natural person. However, employees of a business or a government who are suing their employer should be coded as natural persons. Likewise, employees who are charged with criminal conduct for action that was contrary to the company policies should be considered natural persons.
  If the title of a case listed a corporation by name and then listed the names of two individuals that the opinion indicated were top officers of the same corporation as the appellants, then the number of appellants should be coded as three and all three were coded as a business (with the identical detailed code). Similar logic should be applied when government officials or officers of an association were listed by name.
  Your specific task is to determine the total number of appellants in the case that fall into the category "private business and its executives". If the total number cannot be determined (e.g., if the appellant is listed as "Smith, et. al." and the opinion does not specify who is included in the "et.al."), then answer 99.