United States v. Howard Dale Bernard, United States of America v. Ralph Maurice Comstock, Jr.

DUNIWAY, Circuit Judge:

Bernard and Comstock appeal from judgments of conviction of conspiring to manufacture methamphetamine, a violation of 21 U.S.C. §§ 841 and 846. They were separately indicted and tried together. An un-indicted co-conspirator, one Richard May, was the major witness to criminal activity on the part of the appellants.

We reverse and remand for a new trial.

I. The Facts.

In December 1977, on behalf of an agricultural research firm, Bernard ordered from the Physicians and Surgeons Supply House in Spokane, Washington some me-thylamine, a chemical that it is not unlawful to order,…