United States v. Sherron Basey, United States of America v. J. C. Ramsey

Good Law
613 F.2d 198
United States Court of Appeals for the Ninth CircuitFebruary 25, 198078-1191, 78-1203California2,197 words

Opinion

Opinion

Trask, J.

Basey and Ramsey appeal their convictions in the United States District Court of conspiring to possess heroin with intent to distribute in violation of 21 U.S.C. § 846 (Count I) and of distributing and possessing with intent to distribute one-half kilogram of heroin on or about March 9, 1977, in violation of 21 U.S.C. §§ 812 , 841(a)(1), and 841(b)(1)(B) (Count II). The case was tried to the court sitting without a jury and each defendant was convicted of both counts. The defendants were sentenced to concurrent terms. Their separate appeals were consolidated.

Appellants challenge the sufficiency of the evidence sustaining their convictions and contend that a voice identification of Ramsey violated due process, that a chemist’s testimony was inadmissible because the evidence was tampered with, and that admission of Ramsey’s California driver’s license, issued under an alias, was “fruit of the poisonous tree.” We find no merit in these contentions and affirm the convictions.

Appellants’ convictions are based upon a series of drug transactions involving appellants and three other principle parties, Bruno, Williams, and Henderson. Bruno, a New York police officer working undercover,…

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