United States v. Richard P. Maurice

Maurice, together with a co-defendant named Spargo, was indicted for having unlawfully sold five hundred tablets of a drug commonly known as LSD. The sale was charged to have constituted an offense under 21 U.S.C. § 331 (q) (2). Maurice and Spargo were jointly tried. The jury determined that they were guilty, and judgments of conviction followed. Only Maurice appeals.

In an excellent brief, counsel for Maurice hang their plea for reversal upon Bruton v. United States, 391 U.S. 123 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 (1968). Our study convinces us that Bruton cannot be so far extended as to supply an adequately supportive foundation for the argument advanced in Maurice’s behalf; hence, we affirm.

Viewing the evidence in the light most favorable to the Government, as we are required to do, we see the pertinent facts as follows: The first arrangements for the sale were made between a Government agent named Voorhees and a man by the name of Jay Eagen. Pursuant to a prearranged appointment, these two had met at San Francisco’s International Airport. After a discussion between them, Eagen made a telephone call to Maurice and handed the telephone to Voorhees, who was present. Voorhees and…