United States v. Frances Louise Eddy, United States of America v. Paul Matthew Bonanno

Bad Law
549 F.2d 108·1976 U.S. App. LEXIS 5731
United States Court of Appeals for the Ninth CircuitDecember 22, 197676-2375, 76-2338California2,664 words

Opinion

Opinion

Goodwin, J.

Paul Bonanno and Frances Eddy appeal their convictions for conspiracy to violate the Controlled Substance Act and for unlawful distribution of methamphetamine powder. Bonanno also appeals from a related conviction for unlawful possession of a firearm during the commission of a felony.

Both defendants challenge the sufficiency of the evidence. They contend further that the indictment was defective because the Attorney General failed to adhere to the republication requirement of 21 U.S.C. § 812 (a). Finally, Eddy argues that she was arrested without probable cause and that the failure of the government to furnish copies of certain postarrest statements violated Fed.R.Crim.P. 16(a) and prejudiced her sufficiently to require a new trial.

The convictions stemmed from the efforts of Gary Gleason, an undercover agent, to buy methamphetamine powder on two occasions. The distribution counts stemmed from the first and the conspiracy counts from the second.

The first buy was made on December 10, 1975. Gleason met Camelia Ann Lynn and her husband Richard Lynn in Room 60 of the Saratoga Hotel in San Diego, and arranged with them to buy an ounce of methamphetamine powder. He drove them to an…

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