United States v. Thomas Joseph Reardon, A/K/A T.J. Reardon

BARRETT, Circuit Judge.

Thomas Joseph Reardon appeals from a jury conviction of conspiracy to distribute cocaine in violation of 21 U.S.C. §§ 846 and 841(a)(1) and using a telephone to facilitate a felony in violation of 21 U.S.C. § 843(b).

Reardon was originally indicted on June 27, 1984, and charged with two felonies, conspiring to sell cocaine and using a telephone in furtherance of the conspiracy. On August 31, 1984, as a result of plea bargaining, a superseding information was filed against Reardon charging him with a misdemeanor, attempting to possess approximately one pound of cocaine.…