United States v. Fred Lenn Jones

Jones appeals from a three count conviction for (1) conspiracy to distribute heroin and cocaine in violation of 21 U.S.C. §§ 841 (a) and 846; (2) distribution of heroin in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(1)(A); (3) knowingly using a telephone to facilitate possession with intent to distribute heroin in violation of 21 U.S.C. §§ 841 (a)(1) and 843(b). Appellant challenges (1) the trial court’s denial of defense counsel’s discovery requests and motion for a continuance; (2) the suppression of a portion of a government witness’s prior statement; (3) the existence of probable cause for the defendant’s arrest; (4) the admissibility of a statement the defendant made to DEA agents following his arrest; (5) the sufficiency of the evidence to sustain the verdict with respect to Count III; and (6) the propriety of the jury instructions given on credibility of witnesses. We reject each challenge and affirm.

Jurisdiction is conferred upon this court by 28 U.S.C. § 1291 .

I.

THE DENIAL OF. DEFENSE MOTIONS FOR DISCOVERY AND MOTION FOR CONTINUANCE

The trial court correctly ruled that the defense had no right to pretrial discovery of information regarding informants and…