Bauer
United States v. Bauer
Opinion
Lead Opinion
Farris, J.
Opinion by Judge FARRIS for Sections I and III-XV.
Opinion by Judge NOONAN for Section II.
. Dissent by Judge NOONAN from Section I.
Cameron Best, Calvin Treiber, Jodie Israel-Treiber, Dawn Meeks, Lexi Bauer, Ernie Martinez, and Pedro Ramirez appeal on various grounds their convictions of conspiracy to manufacture and distribute marijuana and distribution of marijuana in violation of 21 U.S.C. §§ 841 (a)(1) and 846 and 18 U.S.C. § 2 ; of the lesser included offense of simple possession in violation of 18 U.S.C. §§ 1956 (a)(l)(A)(i) and 1956(a)(l)(B)(i); and of various related charges.
*1370 We affirm in part and vacate and-remand in part.
FACTS
In 1991 Vern Williams informed the FBI that he was a trusted lieutenant in Cameron Best and Calvin Trieber’s conspiracy to import, produce, and distribute marijuana in and around Billings, Montana. The government then initiated an investigation into this alleged conspiracy, code named “Reggae North.” During the investigation, police apprehended a burglar who had illegally entered Best’s home; he told police he had seen evidence of marijuana distribution in Best’s residence. Police obtained a search warrant and discovered marijuana,…
Dissenting Opinion
Noonan, J.
Dissenting from part I:
A key issue on this appeal is the prosecution’s disqualification of two Native American Indians from the Fort Peck Reservation. Judge Shanstrom conducted the voir dire, reading off the names of a witness list that consisted of approximately 150 witnesses. The court asked the potential jurors to raise their hands if they knew any of the witnesses. Several potential jurors said they had personal knowledge of particular witnesses (sixteen such witnesses in all), and the court dismissed two of those potential jurors for cause. Among the witnesses whose names were called was Arlie Shields, a Native American Indian from Wolf Point, a town within the Fort Peek reservation occupied by both Caucasians and members of various Indian tribes. No juror indicated knowledge of Arlie Shields. At the conclusion of the voir dire, fifteen jurors were sworn. The prosecutor questioned jurors about their knowledge of government witnesses but asked them nothing as to their knowledge of Arlie Shields.