United States v. Charles W. Smith

These are two appeals by the same appellant from his two jury convictions in two separate trials, the first (No. 74-2936) from a jury verdict on one count of conducting illegal gambling ( 18 U.S.C. § 1955 ), and the second (No. 74^-2937) from a jury verdict convicting him on three counts — Count I charging a conspiracy with five other persons on August 12, 1973, to distribute heroin ( 21 U.S.C. § 846 ); Count III charging the unlawful use of a telephone to facilitate a conspiracy to distribute heroin on August 12, 1973 ( 21 U.S.C. § 843 (b)), and Count VII charging the wilful use of a telephone to facilitate the distribution of marihuana ( 21 U.S.C. § 843 (b)). Appellant was sentenced on each count to concurrent sentences, the longest being 8 years on Count I of 74^-2937.

Appellant urges on each appeal: A. That the requirements of 18 U.S.C. § 2518 (l)(c) and (3)(c) were not met by the government before obtaining the court’s order for the wire taps; B. that the statements of alleged joint co-conspirators or participants were not admissible against appellant because the conspiracy and joint venture were not proven by other testimony; C. the insufficiency of the evidence to…