United States v. Wayne Barber

Barber appeals from his conviction for conspiring to possess with intent to distribute cocaine in violation of 21 U.S.C. §§ 841 (a)(1) and 846, and for unlawfully carrying a firearm during the commission of a felony in violation of 18 U.S.C. § 924 (c)(2). Barber contends that the evidence was insufficient to sustain his conviction for violating 18 U.S.C. § 924 (c)(2) because the Government failed adequately to prove that he was “carrying” a firearm “during” the commission of a federal felony within the meaning of the statute, that the Government deprived him of effective assistance of counsel in cross-examining a defense witness, and that the district court erred in refusing to enforce a discovery order.

Roberts, a government undercover agent, arranged to buy a large quantity of cocaine from Barber’s co-defendant Daniels. Arrangements were made to complete the sale at the San Diego Airport on November 10, 1977. Co-defendant Fultz agreed to deliver a one-pound installment of cocaine from his suppliers. To inspect the sample, Roberts entered a Jaguar automobile, driven by Barber, and asked Barber, and his passenger, co-defendant Langley, whether they had a pound of cocaine. Langley…