Bracy

United States v. Bracy

Good Law
67 F.3d 1421·95 Daily Journal DAR 13764·43 Fed. R. Serv. 155·1995 U.S. App. LEXIS 28202·95 Cal. Daily Op. Serv. 8022
United States Court of Appeals for the Ninth CircuitOctober 12, 1995Nos. 93-10726, 93-10727, 93-10782 and 94-10033California7,245 words

Opinion

Lead Opinion

MICHAEL DALY HAWKINS, Circuit Judge:

On June 25, 1991, a federal grand jury returned an indictment charging the defendants herein, along with nine other individuals (the “Regas defendants”), with numerous counts of drug trafficking and related criminal activity. The grand jury subsequently returned four superseding indictments. All of the indictments were sealed by order of the district court. The four defendants here proceeded to trial on the fourth superseding indictment and were convicted on several of the indictment’s twenty-nine counts. 1 They now appeal. This court has jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

FACTUAL AND PROCEDURAL HISTORY

This case concerns a narcotics manufacturing and distribution organization headed up by Jay Jeffrey Regas that operated principally in Nevada, California, Oregon, and Washington. Defendants-Appellants Clayton Bracy, David Hogle, Perry Gilmartin, and Richard Garfinkle (aka “Bubba”), were charged as participants in the Regas conspiracy.

Garfinkle was involved in distributing methamphetamine and cocaine for the Regas organization as early as 1984 or 1985. He and Regas met with Paul Fleischer, who delivered them one or two…

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