United States v. Roy Lee Jernigan

Jernigan was convicted on all eight counts of an indictment charging, in four counts, distribution of cocaine, a violation of 21 U.S.C. § 841 (a)(1), and in four counts, the use of a telephone to facilitate distribution of cocaine, a violation of 21 U.S.C. § 843 (b). All sentences are concurrent. On appeal, he makes two claims of error. We reject them both, and affirm.

I.

USE OF RECORDINGS OF TELEPHONE CONVERSATION

The government introduced in evidence tape recordings of a number of telephone conversations between Jernigan and an informant or between him and an agent of the Drug Enforcement Administration (DEA). Each conversation had been recorded without Jernigan’s knowledge but with the knowledge and consent of the other party to the conversation, i. e., the informant or the agent. Before trial, Jernigan unsuccessfully moved to suppress all of the recordings in question. This motion was denied.

Jernigan concedes, as he must, that the recording or overhearing of the conversations did not violate his constitutional rights under the Fourth Amendment. Rathbun v. United States, 1957, 355 U.S. 107 , 78 S.Ct. 161 , 2 L.Ed.2d 134 ; United States v. Cosby, 9 Cir., 1974, 500 F.2d 405…