United States v. Ronald Peter Anzalone

Appellant Ronald P. Anzalone appeals his conviction for various offenses arising out of a conspiracy to manufacture, possess and distribute cocaine. For the reasons stated below, we affirm the judgment of the district court.

Anzalone was charged under 21 U.S.C. §§ 841 (a)(1), 843(b) & 846 in a nine count indictment. He was first tried by a jury on November 27, 1984. At the end of this trial, a unanimous verdict was announced and appellant was found not guilty on counts six, seven, and nine. One juror, however, dissented to the verdict when polled, and the district court judge declared a mistrial. A second trial was held, at the end of which Anzalone was found guilty on counts one, two, four, five, and nine.

Anzalone raises four issues on appeal: (1) that his retrial on counts six, seven and nine constituted double jeopardy; (2) that the trial court erred in finding that Anza-lone was not prejudiced by any errors in the trial transcript; (3) that the trial court erred in failing to disclose the contents of a government witness’ presentence report; and (4) that the trial court erred in conducting voir dire.

1. There was no double jeopardy.

A district court’s denial of a motion…