United States v. Gordon

526 F.2d 406 (9th Cir. 1975)

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Nature of the Case

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Facts

D admits that he possessed and sold 250,000 amphetamine tablets, but he asserts that he did it because of threats to himself and two friends by the undercover agent to whom he sold the drugs. Reavis agreed to sell amphetamines to Steve Campbell, a part-time Federal narcotics undercover agent. The sale was never completed. D was introduced to Reavis by their mutual friend Snyder. On May 9, 1974, Reavis in Phoenix called Campbell in Chicago and told him that he knew where Campbell could buy amphetamines. Reavis introduced Campbell to D over the telephone. D and Campbell arranged a sale in Los Angeles. At Campbell's request, D sent Campbell a Chicago-to-Los Angeles airplane ticket. The next day both Campbell and D arrived in Los Angeles. D and Campbell met in the hotel lounge. Campbell introduced D to his three 'bodyguards', also undercover agents. After a short discussion, D agreed to make the sale. D, Campbell, and one of the 'bodyguards' went to d's room, where they discussed the abortive Palm Springs sale. Campbell testified that he and D renegotiated the price of the amphetamines. D denied it. Between 11:00 p.m. and 1:15 a.m., at least five telephone calls took place between Los Angeles and Phoenix. Campbell and Reavis spoke three times. D and Reavis once, and D and Snyder once. At about 1:30 a.m. Campbell went to D's room. D left and returned with a suitcase containing the tablets, which he showed to Campbell. D and Campbell talked until 5:30 a.m. D said that Campbell periodically threatened his life. D also testified that he changed his mind about making the sale several times. He said that when Campbell threatened him again at 5:30, he told Campbell the sale was off, and they parted. About 7:00 a.m. D changed his mind again and agreed to the sale. About 10:00 a.m. three undercover agents went to D's room. D left and returned with the suitcase containing the amphetamines. D was then arrested. D claimed that he became involved in the drug sale because of Campbell's threats to Reavis and Pearson and that he finally decided to go through with the sale because of Campbell's threats to D. D was convicted and appealed.