U.S. v. Abrahamson, 77-1643
| Decision Date | 13 January 1978 |
| Docket Number | No. 77-1643,77-1643 |
| Citation | 568 F.2d 604 |
| Parties | 2 Fed. R. Evid. Serv. 900 UNITED STATES of America, Appellee, v. Charles Bruce ABRAHAMSON, Appellant. |
| Court | U.S. Court of Appeals — Eighth Circuit |
John R. Wylde, St. Paul, Minn., argued and on brief, for appellant.
Andrew W. Danielson, U. S. Atty., John M. Lee, Asst. U. S. Atty. (argued), and Jeff Brinckman, Legal Intern, Minneapolis, Minn., on brief, for appellee.
Before ROSS, STEPHENSON and WEBSTER, Circuit Judges.
Appellant Charles Abrahamson was convicted on an indictment charging him with three counts of distribution and one count each of possession with intent to distribute, and conspiracy to possess and distribute, cocaine in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 841 and 846. As grounds for reversal appellant alleges (1) error in the admission of certain tape recorded conversations and other allegedly hearsay testimony, and (2) insufficiency of the evidence to sustain his convictions. We affirm.
The essential facts are not in dispute. On April 12, 1977, two federal narcotics agents and a "cooperating individual" bought approximately 1/2 ounce of cocaine from one Henry Rehder at the Green Haven Country Club in Anoka, Minnesota. The next day the agents bought another 1/2 ounce of cocaine from Rehder at a tavern in Crystal, Minnesota. In each transaction the agents paid for the drugs with currency having prerecorded serial numbers. Following the second purchase the agents asked Rehder if he could supply more cocaine; Rehder responded that he would have to check with his "source," the latter being described only as being someone from Fort Lauderdale, Florida.
The following day, April 14, the agents again met with Rehder, this time at a Holiday Inn in Anoka. They showed Rehder $8,000 which they proposed to use for the purchase of five ounces of cocaine. Rehder inspected the money, then told the agents he would go get the cocaine from his partner's house and return with it. Rehder was followed to a residence in Anoka; he was observed entering the house and leaving it again about ten minutes later and followed back to the Holiday Inn. Rehder produced two ounces of cocaine for the agents, explaining that once he returned with the money the other three ounces could be obtained from his source, whom he said was waiting at his partner's house. The agents then arrested Rehder and went to the house in Anoka to which Rehder had been followed earlier. In the house were Mr. and Mrs. Gerald Morris (the owners of the house) and the appellant Abrahamson. A search of the house produced Abrahamson's suitcase; inside the suitcase were three ounces of cocaine in a bank bag from a Fort Lauderdale, Florida bank and ten $100 bills with serial numbers matching those on the bills used by the agents to purchase cocaine from Rehder the previous two days. Following trial the jury returned its verdict of guilty against Abrahamson.
Following the transactions of April 12 and 13 and preparatory to the transaction of the 14th, the agents conducted five telephone conversations with Henry Rehder. These conversations were tape recorded and the recordings were played for the jury during trial. Abrahamson claims those portions of the recordings consisting of statements by the agents were inadmissible hearsay; no objection is made to the admission of Rehder's statements. 1 This assertion is plainly without merit. The statements of the agents were not offered as proof of the matters asserted by them but only to provide a context for Rehder's end of the conversation. Nor did the agents relate any declarations made by third persons during those conversations. We therefore find nothing in the nature of hearsay and nothing otherwise prejudicial contained in the recorded conversations.
Abrahamson next complains of a statement made by one of the agents during cross-examination. Agent Tomcik was asked to relate certain statements made by Rehder to an informant. Tomcik responded by testifying that the informant had told Tomcik that Rehder said his "partner" had the cocaine...
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U.S. v. Lee
...The testimony of a coconspirator is sufficient to establish both substantive and conspiracy narcotic offenses. United States v. Abrahamson, 568 F.2d 604, 607 (8th Cir.1978). Lee argues there was insufficient evidence to prove an agreement was actually made between him and the other parties ......
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U.S. v. Williams
...context for Morgan's end of the conversation, not as proof of the matters asserted therein by Officer Clark. See United States v. Abrahamson, 568 F.2d 604, 606 (8th Cir. 1978). In other words the tape-recording was admitted to prove the occurrence of the conversation, not the truth of the s......
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