United States v. Biggin

551 F.2d 64 (5th Cir. 1977)

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Nature of the Case

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Facts

Lydes was a confidential informant for the DEA. Lydes met Biggins (D) at a bar and discussed the possibility of obtaining narcotics. Lydes was told to contact, D through Bertha Coudgo. Lydes went to Coudgo's apartment and purchased narcotics. D eventually agreed to sell one ounce of heroin for $1,600 at Lydes's apartment later on May 30, 1975. Lydes's apartment was monitored by means of electronic surveillance from across the street. D was recorded selling heroin to Lydes. The government introduced the original tape recording of the conversation and a rerecorded original tape, ostensibly filtered for noise. D objected to introduction of the tapes as the Government failed to prove the competency of the operator, failed to establish the accuracy of the recording, and failed to identify a voice on the tape as that of D. D was convicted and appealed.