United States v. William Thomas

William Thomas appeals from a jury verdict convicting him of one count of conspiracy to possess and distribute heroin in violation of 18 U.S.C. § 2 and 21 U.S.C. § 846 , and seven counts of using a communication facility in the commission of a conspiracy in violation of 21 U.S.C. § 843 (b). We affirm.

I. Facts and Proceedings Below

On January 4, 1977, appellant Thomas, seven codefendants, and eight other eoeonspirators were named in a thirty-two count indictment. Count one charged codefendants Richard Avery, Edsel Newbins, Jeannette Haydel, Jeffrey Jackson, Calvin White, Richard Williams, William Tann and William Thomas with knowingly and unlawfully conspiring to distribute, and to possess with intent to distribute, heroin during the period March 4, 1976 to October 21, 1976. The remaining counts, seven of which named appellant, charged the unlawful use of a communication facility in the commission of the conspiracy.

Six of the eight persons charged as codefendants pleaded guilty to the “telephone counts,” with only Thomas and Tann opting for trial. At the conclusion of their joint trial, Tann was acquitted of all counts, while Thomas was convicted of all counts. Appellant…