United States v. Spencer Marques, United States of America v. Mark Reason Belcher, United States of America v. Harry Leroy

All three appellants were convicted of conspiracy to manufacture methamphetamine in violation of the Controlled Substances Act, 21 U.S.C. § 846 (1976). They were acquitted of charges of manufacturing methamphetamine and possession with intent to sell ( 21 U.S.C. § 841 (a)(1) (1976)). They raise a variety of claims regarding alleged improprieties in the investigation and arrests, and in the manner in which the trial was conducted. We affirm their convictions.

I. FACTS

Sometime in October, 1976, Spencer Marques contacted chemical companies in the San Francisco Bay area and tried to purchase certain chemicals used as precursors in the manufacture of methamphetamine, a controlled substance listed in 21 U.S.C. § 812 (1976) as having a high potential for abuse, some current medical usefulness, but lending itself to psychological dependence. The companies which he contacted told him he could not legally purchase them unless he obtained a “number” from the federal Drug Enforcement Administration (DEA). To that end, he contacted Ann Carter, a compliance investigator with the DEA, to obtain a number. She allegedly warned him that possession of such chemicals was illegal under California…