United States v. Leslie Alfred Weaver

Appellant, Leslie Alfred Weaver, was convicted following a jury trial for conspiracy to distribute and possess cocaine [ 21 U.S.C. §§ 841 (a)(1), 846] and for aiding and abetting in the possession with intent to distribute 257.9 grams of cocaine [ 21 U.S.C. § 841 (a)(1) & 18 U.S.C. § 2 ]. Weaver was sentenced to concurrent prison terms of three years. He appeals his conviction on the grounds that the co-conspirators’ statements implicating him were improperly admitted at trial and the remaining evidence was insufficient to support the convictions. We reverse.

Weaver originally was indicted with Joel Misetich and Jay Maddox as co-conspirators in a cocaine transaction. The testimony at Weaver’s trial disclosed that on the evening of June 20, 1977, undercover agent Neil Greppin of the Drug Enforcement Administration met Maddox at a Las Vegas, Neva da, motel. Agent Greppin informed Maddox that he had $30,000 to buy a pound of cocaine. A deal was arranged to take place in the motel parking lot. Maddox then left the motel but returned shortly after midnight in his truck. Agent Greppin waited with Maddox in Maddox’s truck for a “connection” to arrive with the cocaine. Several minutes…