United States v. Frank T. McCown United States of America v. Gary Lee Barnes, United States of America v. Gary Leslie Barnes

Circuit Judge:

Appellants were convicted of various counts relating to a conspiracy to distribute and actual distribution of cocaine and firearms. Each appellant challenges his conviction on numerous grounds. We affirm the conviction of each appellant on all counts against him.

I. Background

Frank T. McCown, Gary Lee Barnes (Barnes, Sr.), and Barnes, Sr.’s son, Gary Leslie Barnes (Barnes, Jr.), were indicted as a result of a joint undercover investigation by agents of the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, and Firearms. The investigation began on May 27,1981, when an undercover agent, Robert Candelaria, initiated telephone contact with Barnes, Jr. During the conversation, Barnes, Jr., stated that he owned some firearms that he could convert to automatic weapons and that he was willing to sell these weapons. During subsequent conversations, Barnes, Jr., discussed with agent Candelaria other firearms he had in his possession or could obtain and mentioned sales prices. Barnes, Jr., also discussed a possible cocaine sale with Candelaria and other undercover agents participating in the investigation.

On June 17, 1981, the first face-to-face meeting…