UNITED STATES v. SMITH

Nos. 81-1914, 81-2080.

692 F.2d 693 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy SMITH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 1, 1982.


Attorney(s) appearing for the Case

Howard Alabaster, Fort Lauderdale, Fla. (Maurice Graham, Fort Lauderdale, Fla., on the brief), of Brimmell & Graham, P.A., Fort Lauderdale, Fla., for defendant-appellant.

Francis Leland Pico, Asst. U.S. Atty., Cheyenne, Wyo. (Richard A. Stacy, U.S. Atty., and Carol Statkus, Legal Intern, Cheyenne, Wyo., with him on the brief), for plaintiff-appellee.

Before HOLLOWAY, SEYMOUR and KELLY, Circuit Judges.


SEYMOUR, Circuit Judge.

Timothy Smith was convicted after a jury trial of conspiracy to distribute marijuana in violation of 21 U.S.C. § 846 (1976). On appeal Smith contends that: (1) the indictment was insufficient; (2) venue was improper; (3) the trial court erred in permitting an alleged coconspirator to testify; (4) tape recorded conversations between the defendant and an undercover agent were erroneously admitted; and (5) there was insufficient competent...

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