United States v. Anthony Meyers, A/K/A Tony Meyers

Anthony Meyers (Meyers) appeals his conviction following jury trial for conspiracy to distribute cocaine in violation of 21 U.S.C. §§ 846 , 841(a)(1). Meyers challenges the sufficiency of the evidence against him and contends the district court erred in (1) denying his motion to transfer place of prosecution and trial; (2) admitting into evidence a chart summarizing certain phone calls and events; and (3) sentencing him to a 25 year term under the Narcotics Penalties and Enforcement Act of 1986 (1986 Act), rather than the prior 1984 Act.

We affirm the conviction. We also affirm the district court’s sentencing of Meyers under the increased penalty provisions of 21 U.S.C. § 841 (b) as amended in the Narcotics Penalties and Enforcement Act of 1986. We conclude that the enhanced penalty provisions became effective immediately, on the date of enactment, October 27, 1986, and thus that the imposition of a 25 year term, as to this defendant whose underlying offense occurred after the effective date, was not error.

BACKGROUND

On February 25,1987, an indictment was filed against Franz Magdalener (Magdalener) charging him with several offenses including conspiracy to distribute cocaine…