United States v. Wilmer Stanley Snow

Caution
521 F.2d 730·1975 U.S. App. LEXIS 13529
United States Court of Appeals for the Ninth CircuitJuly 24, 197574-3464California3,824 words

Opinion

Opinion

Enright, J.

Wilmer Stanley Snow was found guilty by a jury of violating 21 U.S.C. § 846 , conspiracy to possess cocaine with intent to distribute, and 21 U.S.C. § 841 , possession of such cocaine with intent to distribute. On this appeal, Snow’s major contentions are that testimony of an agent of the Drug Enforcement Administration (“DEA”) regarding statements of a co-conspirator constituted inadmissible hearsay and deprived him of his right to confront witnesses against him. Appellant also raises three additional issues: that the statements, even if falling within the exception to the hearsay rule, should not have been admitted on the non-conspiracy count; that trying him both for conspiracy and for the substantive offense constituted double jeopardy; and that he was prejudiced by the admission of testimony regarding certain criminal activity not related to him. We find no error, and affirm the conviction.

Given the contentions of the defendant, a review of the evidence presented is both appropriate and necessary.

The principal witness for the government was DEA Special Agent Joseph Parra. Parra testified that, on two occasions prior to June 19, 1974, he had purchased a total of…

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