[Download] "United States v. Meacham" by Fifth Circuit United States Court Of Appeals " eBook PDF Kindle ePub Free

July 12, 2021

eBook details

Title: United States v. Meacham
Author : Fifth Circuit United States Court Of Appeals
Release Date : January 26, 1980
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

Description

Appellants Thomas Meacham, Joseph Ward, Edward William Gilroy, Bobby Gene Hayes and Donald L. Metsger, along with three others, were indicted on three counts of violating laws relating to controlled substances. Count One charged that the eight had attempted in violation of 21 U.S.C. Â§ 846 to possess marijuana with intent to distribute. Count Two charged that they had conspired in violation of 21 U.S.C. Â§ 846 to attempt to distribute marijuana and to possess it with the intent to distribute. Count Three charged that they had conspired in violation of 21 U.S.C. Â§ 963 to attempt to import marijuana. Meacham pleaded guilty to Count Three, and the other charges were dropped. Ward, Gilroy, Hayes and Metsger were tried. At the close of the government's case, the court granted the defendants' motions to dismiss Count One.1 Ward, Gilroy and Hayes were convicted on Counts Two and Three; Metsger was convicted on Count Three and acquitted on Count Two.2 This appeal presents a plethora of issues. Meacham makes a three-pronged attack on the validity of his guilty plea. The four other appellants claim that Counts Two and Three failed to charge an offense.3 Hayes and Gilroy complain that the conduct of the government agents who investigated the conspiracy was so ""outrageous"" that the charges should have been dismissed. Ward claims that the district court's refusal to allow him to cross-examine a government witness concerning certain recorded telephone conversations deprived him of his Sixth Amendment right to confront witnesses against him. And, finally, Ward and Metsger complain of the district court's refusal to sever Ward's trial from theirs. Having concluded that Counts Two and Three do not charge an offense, we reverse all the convictions and vacate Meacham's guilty plea.