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United States v. Wilson

532 F.2d 641 (1976)

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United States v. Wilson

United States Court of Appeals for the Eighth Circuit
532 F.2d 641 (1976)

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Facts

Boyd Gray, Isreal Wilson, and Brenda Brown (the conspirators) (defendants) were convicted of conspiracy to distribute heroin. An informant, Henderson McCoy, testified at trial that he purchased heroin from and sold heroin for the conspirators. McCoy testified that the conspirators ran the drug operation from an apartment and that the apartment had a hole cut out of the door so that money and heroin could be exchanged without opening the door. McCoy testified that drug transactions were recorded by the conspirators in a notebook. When police searched the apartment, they noted the hole in the door consistent with McCoy’s description and an unindicted coconspirator was inside the apartment. Police also found two notebooks in the bedroom. The notebooks described transactions for the sale of heroin and mentioned several of the conspirators. During the trial, the district court judge permitted the two notebooks to be admitted into evidence and read to the jury. The conspirators did not introduce any evidence pertaining to the notebooks. The conspirators were convicted, and they appealed, arguing that the notebooks were not authenticated, because the author of the notebooks was not identified.

Rule of Law

Issue

Holding and Reasoning (Lay, J.)

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