United States v. Janice Wallace, United States of America v. Elmore Penn

FLETCHER, Circuit Judge:

Appellants Janice Wallace and Elmore Penn were convicted, after jury trial, on both conspiracy and substantive counts of possession with intent to distribute heroin. 1 They appeal their convictions, alleging the following errors: (1) the district court’s denial of Wallace’s motion to dismiss her indictment due to governmental bad faith and preindictment delay; (2) the government’s failure to produce notes used by a government witness in her testimony before the grand jury under the Jencks Act; (3) the district court’s admission of Wallace’s prior heroin conviction to…