United States v. James B. Anderson

GODBOLD, Circuit Judge:

The defendant, a medical doctor, was convicted on one conspiracy count and 16 substantive counts charging possession with intent to distribute amphetamines in violation of 21 U.S.C. § 841(a)(1). The District Court permitted a prosecution witness to testify regarding defendant’s actions and statements during a government-sponsored encounter after his in dictment and in the absence of retained counsel. Admission of this evidence was reversible error under Massiah v. U. S., 377 U.S. 201, 84 S.Ct. 1199, 12 L.Ed.2d 246 (1964).

The indictment was handed down April 3, 1974,…