United States v. Arthur Monreal Godoy

Good Law
528 F.2d 281
United States Court of Appeals for the Ninth CircuitFebruary 2, 197675--2334California916 words

Opinion

Opinion

Godoy appeals his convictions, after a jury trial, for possession of amphetamine pills with intent to distribute in violation of 21 U.S.C. § 841 (a)(1) and carrying a firearm during the commission of a felony in violation of 18 U.S.C. § 924 (c)(2). Godoy was arrested in Tucson, Arizona, on October 15, 1974, after attempting to sell 30,000 pills to undercover Drug Enforcement Administration (DEA) agents. Agent Lowe made a field test of two pills and determined that they contained amphetamine. The pills were later sent to a DEA laboratory in Dallas where a forensic chemist also determined that they contained amphetamine. A .25 caliber pistol was found in Godoy’s possession at the time of his arrest.

Godoy raises two questions in this appeal: (1) whether it was error to admit into evidence the pills and testimony from a laboratory chemist concerning their chemical content because there was an insufficient showing of a chain of custody; and (2) whether it was reversible error for the trial judge to admit testimony, over Godoy’s objection, concerning the results of the field test. We affirm.

Godoy first contends that there was an insufficient showing of chain of custody of…

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