United States v. Michael S. Brandon, United States of America v. Melanie R. Smith

Michael Brandon, defendant/appellant, appeals from his conviction of one count of conspiracy to distribute cocaine (Count I) in violation of 21 U.S.C. § 846 , and two substantive counts of possession with intent to distribute cocaine (Counts II and III) in violation of 21 U.S.C. § 841 (a)(1).

Melanie Smith, defendant/appellee, was also indicted on the same three counts, and was found guilty only on the conspiracy count. The United States appeals from the allowance of the post-trial motion of acquittal of Melanie Smith on the conspiracy count. Fed.R.Crim.P. 29.

I

Appellant Brandon’s first claim is that the district court erred when it denied his motion to suppress the evidence of his three telephone conversations and a face-to-face conversation with the Government’s informant, Raymond Bracelin. Appellant contended that Bracelin’s apparent consent to the Government’s monitoring and tape recording of the conversations was not voluntarily given, but was induced by threats and coerced by Government agents. The motion was heard by a magistrate, who received evidence and made written findings of fact. After a dé novo evidentiary hearing the district court modified the magistrate’s…