United States v. Joel Eric Tornabene

Tornabene appeals his conviction for distribution of Lysergic Acid Diethylamide (LSD) in violation of 21 U.S.C. § 841 (a)(1). Tornabene was convicted on the basis of one sale of LSD to government agents. The sale was arranged by an informant. Tornabene’s defense at trial was entrapment.

On appeal, Tornabene asserts the following errors: (1) The Government failed to use reasonable efforts to produce the informant; (2) The trial court abused its discretion in denying Tornabene’s motions for a continuance of the trial date; (3) The government’s pre-indictment delay of over 18 months requires dismissal of the indictment; (4) The trial court erred in instructing the jury; (5) The trial court erred in admitting a partial transcript of tape-recorded telephone conversations into evidence.

Tornabene was indicted June 4, 1980. The basis for Tornabene’s indictment and conviction was a drug transaction that took place November 21, 1978, some 18 months before the indictment, when two Drug Enforcement Administration (DEA) agents— Shoquist and Garner — accompanied the informant to Tornabene’s San Francisco residence. Both agents and the informant lived in San Antonio, Texas at the time. The…