United States v. Donald Eddie Moody, United States of America v. Howard George Hollenbeck

Moody and Hollenbeck appeal their convictions for conspiracy to import a controlled substance, conspiracy to possess a controlled substance with intent to distribute, and conspiracy to travel in foreign commerce in aid of racketeering, in violation of 18 U.S.C. §§ 371 , 1952(a)(3) and 21 U.S.C. §§ 846 , 963. We have jurisdiction under 28 U.S.C. § 1291 .

Moody and Hollenbeck argue on appeal that testimony of a coconspirator was improperly admitted, that portions of the grand jury testimony of several trial witnesses were improperly withheld from them in violation of the Jencks Act, 18 U.S.C. § 3500 , that testimony of one government witness should not have been allowed because it was obtained pursuant to a plea bargain, and that they are victims of impermissibly selective prosecution. We affirm.

I

In 1972, a group known as the Coronado Company began smuggling controlled substances into the United States. We outlined the factual background of this opera tion in United States v. Bibbero, 749 F.2d 581, 582-83 (9th Cir.1984), cert. denied, — U.S. -, 105 S.Ct. 2330 , 85 L.Ed.2d 847 (1985) (Bibbero). In 1979, Moody and Hollenbeck agreed with the Coronado Company to procure…