United States v. Jackie Yvonne Gross

Appellant was convicted for assaulting a federal officer in violation of 18 U.S.C. § 111 . She complains that (1) the evidence was insufficient to support her conviction; (2) the district court prejudicially erred in admitting, over objection, two prior narcotics convictions to impeach her; (3) Brady material was improperly suppressed; and (4) the jury was improperly instructed.

On February 24, 1978, DEA Agent Hu, and a government informant, Bogan, tried to buy cocaine from Warren Gross, appellant’s husband. Bogan was given $1,500 Government money with which to purchase the cocaine. Warren Gross and Bogan transacted their business outside Hu’s presence. Thereafter, Bogan gave Hu a bag of white powder, which turned out to be either extremely poor cocaine or a substance that was not cocaine. Later on the same day a strip search of Bogan revealed $700 of the Government’s money in one of his shoes.

After Bogan’s “rip-off,” DEA Agents Hu and McKinnon, among other agents, together with Bogan, went to visit Warren Gross, who was staying at the apartment of Norris. Hu, McKinnon, and Bogan reached the apartment about 11:00 p. m. When appellant’s husband answered the door, a loud argument…