629 F2d 650 United States v. Smith  629 F.2d 650  6 Fed. R.
Evid. Serv. 910  UNITED STATES of America, Plaintiff-Appellee,
Artlet SMITH, Defendant-Appellant.  No. 79-1578.  United States
Court of Appeals, Tenth Circuit.  Submitted June 23, 1980.
Decided Aug. 12, 1980. Rehearing Denied Sept. 12, 1980.
Certiorari Denied Nov. 17, 1980. See 101 S.Ct. 532.  Duane
Miller, Oklahoma City, Okl., for defendant-appellant.  Larry D.
Patton, U. S. Atty., and William S. Price, Asst. U. S. Atty.,
Oklahoma City, Okl., for plaintiff-appellee.  Before SETH, Chief
Judge, and PICKETT and SEYMOUR, Circuit Judges.  SEYMOUR,
Circuit Judge.  view counter    The defendant, Artlet Smith, was
convicted after a jury trial of violating 21 U.S.C. § 841(a)(1)
by distributing cocaine to an undercover agent, Charlie Barry.
In the same proceeding, a mistrial was declared as to four
separate charges: two counts of distributing cocaine to an
informant, William Young, and two counts of violating 21 U.S.C.
§ 843(b) by using the telephone to facil