United States v. Robert S. Adler

Robert Adler, appellant, was convicted of conspiring to distribute, and of distributing, cocaine in excess of 500 grams, in violation of 21 U.S.C. §§ 846 , 841(a), and 841(b)(1)(B) (counts I and III). Appellant was also convicted of unlawful use of a communications facility, in violation of 21 U.S.C. § 843 (b) (count II). On counts I and III, appellant received concurrent, five-year terms of imprisonment. On count II, he received a consecutive two-year sentence.

Adler appeals, claiming that jury instructions were improper, insufficient evidence supports his conviction on count II, joinder with a co-conspirator denied him due process, and 21 U.S.C. § 841 (b)(1)(B) is unconstitutional.

We affirm.

I

On December 3, 1986, the Royal Canadian Mounted Police (RCMP) received detailed information, from a confidential informant, relating to an impending cocaine transaction. On the basis of that information, RCMP agents placed Terry Germain under surveillance. Germain was then in West Vancouver, B.C., Canada.

On December 5, 1986, Germain met Kenneth Linn. Following that meeting, Linn immediately withdrew cash from two Vancouver banks and visited four other Vancouver banks. Into each…