United States v. Timothy Smith

SEYMOUR, Circuit Judge.

Timothy Smith was convicted after a jury trial of conspiracy to distribute marijuana in violation of 21 U.S.C. § 846 (1976). On appeal Smith contends that: (1) the indictment was insufficient; (2) venue was improper; (3) the trial court erred in permitting an alleged coconspirator to testify; (4) tape recorded conversations between the defendant and an undercover agent were erroneously admitted; and (5) there was insufficient competent evidence to support the conviction. We find these contentions to be without merit and affirm the conviction.

The government’s case relied…