United States v. Gary Charles Finnegan

Appellant Finnegan was tried before a jury in the United States District Court for the Central District of California and was convicted for conspiracy to import and possess cocaine with intent to distribute it, in violation of 21 U.S.C. §§ 846 and 963. Judgment of conviction was entered on March 1, 1976. In this appeal, Finnegan has asserted six errors by the trial court below. Upon a review of all the arguments advanced by the appellant, we find no reversible error and consequently affirm.

I

Gary Charles Finnegan was a participant in a conspiracy led by James J. Boyle which imported cocaine from South America and distributed it in Los Angeles, San Francisco and Kansas City. In August 1972 (the approximate inception of the conspiracy), Finnegan and Boyle traveled to Santiago, Chile, where they purchased cocaine from a Chilean dealer, “Alfredo,” which they subsequently smuggled into the United States via El Paso, Texas. Encouraged by their success, Boyle, Finnegan and their coconspirators made five additional trips to South America, in September, October and December 1972, and February and April 1973. A total of approximately 40 to 50 pounds of cocaine was brought into the United…