United States v. James Lloyd McClain

McClain appeals from a judgment of conviction entered upon a jury’s verdict that he is guilty of possession of just over a kilogram of cocaine with intent to distribute it, in violation of 21 U.S.C. § 841 (a)(1). We affirm.

1. Facts

We state only such facts as are necessary to an understanding of the questions presented, and in doing so we consider the evidence in the light most favorable to the government, the jury having found in its favor.

In early June, 1974, Agent Geoffrey Green of the Drug Enforcement Administration, stationed at Las Vegas, Nevada, was taken by F.B.I. Agent Zimmerman to a mountain lodge northwest of Las Vegas called Mt. Charleston. There, Green was introduced to two men, the proprietors of the lodge, named Peterson and Cobb. Cobb told Green that a man whom he knew as “James” was offering cocaine for sale in kilogram lots. Green told Cobb that when Cobb heard from “James” again, Cobb should tell “James” that he had a friend who would be interested in buying kilo quantities of cocaine. After again hearing from Cobb, Green arranged to have Cobb flown to San Diego on June 26. Later that day, Cobb telephoned Green, and Green then flew to San Diego. He…