UNITED STATES v. PEEPER

No. 82-1036X.

685 F.2d 328 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. John Earl PEEPER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 25, 1982.

As Amended August 30, 1982.


Attorney(s) appearing for the Case

Lincoln Webb, Sacramento, Cal., for defendant-appellant.

Fred K. Morrison, Asst. U. S. Atty., Sacramento, Cal., for plaintiff-appellee.

Before CHAMBERS and WALLACE, Circuit Judges, and JAMESON, District Judge.


Appellant was convicted of conspiracy to possess cocaine with intent to distribute it (21 U.S.C. § 846). Given the presumptions available to the government, we have little hesitation in characterizing the evidence against appellant as "overwhelming." Peeper argues, on appeal, that introduction of taped telephone recordings, made with a coconspirator's knowledge, violated his Sixth Amendment right to confrontation as the coconspirator was not present and there was no...

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