United States v. Jason Houser

Jason Houser appeals his conviction for conspiracy to distribute methamphetamine, claiming that the government failed to give the defense required discovery materials, that the elements of conspiracy were not established, and that evidence was improperly admitted by the district court. In addition, Houser claims that the career offender sentence he received was improper under the federal sentencing guidelines. We affirm appellant’s conviction but vacate his sentence.

FACTUAL AND PROCEDURAL BACKGROUND

On August 25,, 1988, Margaret Schmit-tou, a co-conspirator in this case, agreed to deliver an ounce of methamphetamine to William Mountsier. Schmittou did not know at the time that Mountsier was an undercover DEA agent.

At approximately 7:00 PM on September 8,1988, Mountsier phoned Schmittou at her home and asked her to obtain methamphetamine. During that conversation, Schmit-tou’s husband, Paul Schmittou, a friend named Mike Kuchera and appellant Jason Houser were also in her home. Sehmit-tou’s conversation was taped by Mountsier. Schmittou told Mountsier that she had been unable to obtain drugs for him. The critical portion of the conversation with regard to Houser’s conviction…