United States v. Robert B. Pemberton, Jr.

Robert Pemberton appeals his conviction on one count of conspiracy to possess more than 50 kilos of marijuana for sale and on three counts of using a phone to facilitate a narcotics offense. See 21 U.S.C. §§ 846 and 843(b) (1982). He argues that there was insufficient evidence to convict him of conspiracy, that the district judge erred in instructing the jury, and that his conviction should be void because of alleged outrageous conduct on the part of the government. We conclude that sufficient evidence existed for the jury to find Pember- ton participated in a conspiracy, that the jury instructions fairly stated the law and did not prejudice Pemberton’s case, and that the government’s conduct was not outrageous. Therefore, we affirm.

I

A government undercover operative, Bob Clark, was investigating a money-laundering scheme. He had told a third party, Sunny Collins, that he was planning to smuggle a shipment of marijuana into the United States. The shipment was a fiction. Sunny Collins arranged for Clark to meet with appellant Pemberton, who the government suspected to be a long-time drug dealer involved in the laundering operation. On June 5, 1986 Clark and Pemberton met at a…