United States v. Jeffrey L. Foster and Karla Foster

Karla Foster and Jeff Foster appeal their convictions in a jury trial for drug violations. Each appellant was convicted of one count of conspiracy to manufacture and to possess methamphetamine with intent to distribute in violation of 21 U.S.C. §§ 841 (a)(1) and 846. Karla Foster was convicted of one count of distribution of methamphetamine in violation of § 841(a)(1), and Jeff Foster was convicted of a different count of distribution.

The prosecution arose out of the United States government’s sting operation at the Triple Neck Scientific Laboratory, a privately owned chemical company in San Diego, California. Both appellants have attacked the operation as constituting outrageous government conduct in violation of their due process rights, but this court has already upheld the validity of this sting operation. United States v. Allen, 955 F.2d 630 (9th Cir.1992).

Of the appellants’ remaining contentions, by far the most serious is Karla Foster’s claim that her convictions must be reversed because the prosecutor violated her Fifth Amendment rights during her cross-examination. The prosecutor directly questioned her concerning her post-arrest silence in contravention of the…