This section contains the nature of the case and procedural background.

Powell (D) was involved with her husband and 17-year-old son in a lucrative cocaine and methaqualone distributorship in their home. Their phone was tapped, and many calls were recorded which incriminated D in the illegal business. Eventually, the husband learned of the wiretap and notified his son who informed D, and she was told to leave the house. D was arrested by the FBI, and in her car, they found 2 kilograms of cocaine, 2,700 methaqualone tablets, a pistol, a machine gun, two silencers, and $30,000 in cash. D was indicted and tried and found guilty of using the telephone in committing and in causing certain felonies; conspiring to possess with intent to distribute and possession with intent to distribute. However, D was acquitted of conspiracy to possess the drugs and to distribute them. D appealed arguing that the inconsistent verdicts required reversal of the telephone convictions. The Ninth Circuit reversed.

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