United States v. Betty Lou Powell

Betty Powell was indicted in a fifteen count indictment and acquitted of all charges except three counts (under 18 U.S.C. § 843 (b) (1976)) of using a telephone to facilitate certain drug offenses, and one count (under 18 U.S.C. § 1001 (1976)) of giving a false statement to the magistrate in applying for leave to proceed in forma pauperis. She was given four concurrent four year sentences and she appeals.

Count 1, of which she was acquitted, charged a conspiracy between appellant and her husband and son and “divers other persons” to knowingly and intentionally possess cocaine with intent to distribute it, in violation of 21 U.S.C. §§ 846 and 841(a)(1) (1976). Listed as three of the overt acts to support this conspiracy charge were telephone calls made by or to her on April 11, 1982 and on April 16, 1982. These same telephone calls are the subject of Counts 3, 4 and 5 respectively — the counts of which she was convicted.

Appellant argues, on appeal, that she is the victim of inconsistent verdicts. The government responds that there is no inconsistency because Counts 3, 4 and 5 charge use of a telephone to facilitate not only conspiracy to possess and distribute cocaine, but also…