United States v. Lawrence Richard Peterson, United States of America v. Donald Wayne Payne

Peterson and Payne appeal from convictions of conspiracy to import and distribute marijuana. The indictment charged that they and three others were involved in a criminal conspiracy between February 1975 and the time of their arrests in September 1975. A subsequent information in October 1975 alleged that Peterson previously was convicted of a felony relating to marijuana.

Five issues are raised:

1. Was there sufficient evidence to sustain the verdict?

2. Did the trial court err in admitting hearsay declarations of a co-conspirator and evidence of prior acts before Payne’s involvement in the conspiracy was established?

3. Did the government cause reversible error in calling a witness who sought a grant of immunity after claiming his Fifth Amendment privilege before the jury, where that witness was thereafter granted immunity and testified for the government?

4. Did the trial judge err in giving an Allen-type jury instruction under the circumstances of this case?

5. Were the detentions, arrests and searches at the Calhoun Ranch on September 4, 1975, supported by probable cause?

FACTS

Our review of the evidence in the light most favorable to the government reveals…