United States v. Gibson

711 F.2d 871 (9th Cir. 1982)

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Nature of the Case

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Facts

The government produced evidence at trial which showed that Foster (D) was the head of a group of persons who were engaged in the illegal distribution and sale of heroin in the San Diego area. The organization operated in the following manner. The heroin was sold in the streets by pushers. When a customer was obtained for a supply of heroin, the pusher would telephone an answering service number and leave a message for his supplier. The supplier, in turn, would be contacted through his beeper. The supplier would obtain the telephone number of the pusher and determine the amount of heroin necessary to fill the order. This amount would then be delivered to the pusher. Foster and others obtained and packaged the heroin for such distribution and sale. The heroin was cut with dextrose and placed in balloons which were placed in plastic bags. Each plastic bag contained eleven balloons. The wholesale price to the pusher for eleven balloons was $ 195.00. The pusher could then sell the heroin at $ 25.00 for each balloon. The pusher thus realized a profit of $ 80.00 for each package of eleven balloons sold. Over Gibson's (D) objection, a ledger was admitted into evidence under the business record exception of Fed.R.Evid. 803(6). The ledger contained records of drug transactions that implicated Gibson (D) in the conspiracy. Gibson (D) was convicted and appealed. Gibson (D) contends that the records were not kept in the course of regularly conducted business activity and the entries were untrustworthy.