Full opinion text
MEMORANDUM OPINION ROY, District Judge. The defendants, Michael E. Jones and Ralph M. Pfeister, were charged by indictment, along with twenty-one other individuals with various counts of drug offenses. The eases involving all of the defendants except Jones and Pfeister have been disposed of by the entering of guilty pleas by the defendants or dismissal by the Government. Defendants Jones and Pfeister were tried before the Court after the entry of jury waivers signed by the defendants. The Government orally advised the Court that it had no objection to the jury waivers. The Court approved the waiver and therefore, the requirements of Federal Rule of Criminal Procedure 23 were satisfied. The trial of the defendants was held before the Court on September 3, 1985 through September 9, 1985 and the Court has now received all of the post-trial briefs. INDICTMENT I. Jones, Michael E. A. The defendant Michael E. Jones is charged in Count I with engaging in a continuing criminal enterprise by committing the offenses set forth in the Indictment and the Overt Acts in Count Two. 21 United States Code § 848. B. The defendant Jones is charged in Count II with conspiring to possess with the intent to distribute methamphetamine, amphetamine, and cocaine. It is alleged, as a part of the conspiracy, that Michael E. Jones would sell methamphetamine, amphetamine, and marijuana. The defendant Jones is mentioned in Overt Acts 1, 3, 4, 6, 7, 8, 9, 12, 13, 15, 17, 18, 20, 21, 24, 26, 27, 42, 44, 45 and 46. 21 United States Code § 846. C. The defendant Jones is charged in Counts III, IV, V, VI, VII, IX and X with the knowing and willful distribution of amphetamine and methamphetamine. 21 United States Code § 841. D. The defendant Jones is charged in Counts XXIII, XXIV and XXV .with unlawful use of a communication facility in facilitating the commission of the conspiracy as alleged in Count II. 21 United States Code § 843(b). II. Pfeister, Ralph M. (Pfeister was also charged in Count VIII, but during the course of the trial said Count was dismissed by the Government.) A. The defendant Ralph M. Pfeister is charged in Count I with engaging in a continuing criminal enterprise by committing the offenses set forth in the Indictment and those specified in Count II Overt Acts. 21 United States Code § 848. B. The defendant Pfeister is charged in Count II with conspiring to possess with the intent to distribute and to distribute methamphetamine, amphetamine, and cocaine. It is alleged, as a part of the conspiracy, that Pfeister would purchase and distribute marijuana, methamphetamine, and cocaine. The defendant Pfeister is mentioned in Overt Acts 6, 7, 13, 21, 26, 27, 29, 30, 31, 32, 33, 34, 35, 36, 37, 41, 43, 44, 45 and 46. 21 United States Code § 846. C. The defendant Pfeister is charged in Counts XXIII, XXVI, XXVII and XXVIII with unlawful use of a communication facility in facilitating the commission of the conspiracy as alleged in Count II. 21 United States Code § 843(b). The period of time covered by the indictment is from on or about January 1983 and continuing thereafter up to and including the 21st day of February, 1985. FACTS The Government presented numerous witnesses who testified as to the relationship of Jones and Pfeister in various drug transactions, the methods they used in carrying out various drug transactions and the relationship of Jones and Pfeister to the people with whom they dealt. Testimony of Jack Branch One of the Government’s principal witnesses was Jack Branch, who acted as a government informant. Branch testified in detail about the extensive drug operations of Jones, Pfeister and others associated with them. In 1984 Branch was arrested on a bank robbery charge and at that time Branch agreed with the state and United States authorities to cooperate and testify concerning drug investigations in Arkansas. r He testified that he was paid expenses by the United States during the investigation. Branch had numerous dealings with Michael Jones prior to the time he became a government informant. Both methamphetamine and marijuana were fronted to him by Jones on a consignment basis for an extended period of time. Branch had paid as much as $1,650.00 per ounce for amphetamine/methamphetamine, and received approximately one ounce per week from 1983 through March of 1984. Branch sold a total of ten to fifteen pounds of marijuana which he obtained from Jones. Jones was aware of the individuals to whom Branch sold, and Jones had others selling for him. Jones also directed Wally Kendrick and Branch to cease dealing with Ralph Pfeister when he learned they were obtaining methamphetamine directly from Pfeister. Alan Koller became indebted to Branch and Branch in turn became indebted to Jones. Lonnie and Bobbie Staton were also buying from Koller and, when Jones discovered the Statons had also been buying from another individual, Jones informed Branch that he and Robert Crain had assaulted that individual. When Branch became a government informant in 1984 he again made contact with Michael Jones and discussed getting back into the drug business with Jones. Branch began making numerous purchases of drugs from Jones and was searched before and after each purchase. His clothing and his vehicle were searched thoroughly on each occasion by the appropriate government agents. He was also under surveillance each time he made a purchase from the Jones residence. Branch’s purchases as an informant began in April, 1984 and continued through September of 1984. Branch purchased anywhere from one-eighth of an ounce to one ounce of amphetamine/methamphetamine from Jones on these numerous occasions. Branch called Jones on April 12, 1984 to arrange payment for an April 10th purchase and at that time he inquired about going “up north” with Jones. Branch met with Jones on this date and Jones informed him that he was going to Harrison, Arkansas to dry out and pick up six ounces of amphetamine/methamphetamine and some marijuana. At one meeting with Branch, Jones discussed the fact that Alan Koller owed Jones for marijuana and amphetamines. Jones stated that he’d “fuck him up if I see him” and when Branch asked Jones what Koller had done, Jones stated: “Oh, I gave him a half pound the other day, here while back, week before last, and I told him ‘Alan whatever you do, don’t be late, this is your last chance.’ ” Jones also stated that he had informed Lonnie Ray Staton to stop dealing with Roller for “a while.” Branch stated that his transactions always occurred in a part of Jones’ house that Jones referred to as “the office.” At another meeting with Jones, Branch learned that one Robert Crain, aka Cowboy, and Jones were soon to be en route to Harrison, Arkansas to obtain more amphetamine/methamphetamine. During one of his visits to Jones’ residence Branch saw Pfeister, Margaret Swanson and other individuals. On that occasion, Branch saw approximately eight ounces of a yellow-colored substance represented to him to be amphetamine/methamphetamine. On May 2, 1984, Branch again saw the yellow substance, at the Jones’ residence. At this meeting Branch was wearing a body recording device. The recording reproduced a conversation between Jack Branch, Michael Edward Jones, Art Downs and Lloyd Chaney. In this conversation the participants discussed the sale of three firearms that were in the possession of Chaney, and Jones made a statement concerning a .41 caliber pistol that “this one’s hot, this is the one Peg gave me.” Jones confirmed that he had eight ounces of yellow substance and the parties discussed the sale and purchase of marijuana. Further, in this meeting Branch requested Jones’ permission to purchase from Wally Kendrick and Jones stated “he wouldn’t do him no good either ... only place he can get it is from me.” Branch identified Government Exhibit #25, which is described as a .41 Ruger revolver, stating that it appeared to be similar to the gun which he observed on that date in Jones’ residence. (John Spurgeon testified for the United States and identified the firearm as being seized from the residence of Robert Earl Crain. Charles Roark testified that the firearm had been stolen from his house sometime in February, 1982.) Toward the end of May, 1984, Branch met at the Jones’ residence with Jones, Robert Earl Crain and a number of other people. At this meeting Branch had a private conversation with Crain. Crain stated that Branch could obtain methamphetamine from Crain, but that Branch could not tell Jones about the sale. Branch had a private conversation with Jones on this same date and Jones informed him that Jones was on his way to Harrison to obtain more amphetamine/methamphetamine. On the following day, in late May of 1984, Branch accompanied Jones to northern Arkansas to meet with Heather McLaughlin (Pfeister’s secretary). Branch observed Jones pay 'Heather McLaughlin approximately $3,000.00 which Jones stated at the time was for the purchase of drugs; Jones had promised Pfeister he would get the money to Pfeister. After a June 4, 1984 payment to Jones, Branch’s attentions were directed to Phillip Goyne and Robert Crain, and Branch made several purchases from Crain. On June 6, 1984, Branch had a discussion with Crain concerning Jones wherein Crain explained that the Longview connection now belonged to Crain and that the Harrison connection belonged to Jones. Crain stated that he could not go to Harrison as his source and that Jones could not go to Long-view. On June 8, 1984 Branch made arrangements for a second purchase from Crain and at that time he had a conversation with Crain concerning the quality of Jones’ amphetamine/methamphetamine. At this meeting, Branch was informed by Crain that Crain had observed the yellow amphetamine/methamphetamine that had been in the possession of Jones and that Crain had four ounces of that same substance in his possession at that time. During this time period he met with Phillip Randall Goyne and Robert Crain and allowed Crain to borrow his car to go to Longview, Texas to obtain methamphetamine. Crain returned his car and told Branch that Crain did not want Jones knowing that Crain was doing drug business with him. On June 20, 1984 Branch attempted to reach Jones by telephone and at that time had a conversation with Paul Delaney, aka Weasel. In this conversation Delaney informed Branch that Jones was gone and had “real bad problems” that could not be discussed on the telephone. Delaney stated that he was collecting anything anybody owed Jones on this date. Branch also met with Judy Delaney and stated that he informed Mr. and Mrs. Delaney that Jones was owed a lot of money for drugs, whereupon Mr. and Mrs. Delaney stated that they were there to collect the money. They also said that the house had been cleaned out and that no drugs had been left there and that if Branch needed drugs he should see Crain. Several days later Branch was called by Judy Delaney and instructed to come to the Jones’ residence. When he arrived at Jones’ residence Branch met with Jones and Paul Delaney. Jones informed Branch that he had beaten David Briscoe over some money and a gun and that during the beating the gun “went off.” Branch had known David Briscoe for approximately seven years and had known through Briscoe that Briscoe was purchasing methamphetamine from Jones through Wally Kendrick. Jones directed Branch to go see Briscoe 'in the hospital and determine whether Briscoe was going to press charges, and if Briscoe intended to press charges, to threaten him in order to keep him from doing so. Branch was unable to see Briscoe at this point, but he did contact Lonnie and Bobbie Staton as directed by Jones. The following day Branch returned to the University of Arkansas Medical Center and was able to see Briscoe. Briscoe told Branch that he did intend to press charges as soon as he could get out of the hospital and get to a safe place. Branch then met with Jones but told Jones that Briscoe would not press charges. At a taped meeting on June 26, 1984 Branch informed Jones of Briscoe’s condition and that Briscoe wouldn’t be testifying. Branch also informed Jones that he had called Lonnie Ray Staton as requested by Jones and that Staton would talk to Alan Roller. The transcript of the recorded meeting indicates that Branch asked if “they” had come back from out-of-town. Branch said this was a reference to the fact that Gary Wiggs and Robert Crain had made a trip to Longview, Texas to obtain amphetamine/methamphetamine. Branch next talked to Jones in a recorded telephone conversation on June 29, 1984 wherein Jones stated that the beating of David Briscoe was just an “object lesson.” Branch met again with Jones the following day, June 30, 1984, and attempted to purchase one-half ounce of methamphetamine for $1100.00; however, he was unable to make the purchase. On July 1, 1984, Branch returned and made a purchase of approximately six grams of methamphetamine. On July 2 Branch returned, wearing a body recording device. In this conversation Branch and Jones discussed the fact that Branch did, in fact, deal with Jones in 1983 and that the price was “$550.00 a quarter.” Jones stated that he was trying to keep something rolling and was four or five thousand dollars in the hole and that nobody had come up with his money. Jones informed Branch that he suspected that some persons had been going out to Crain’s and obtaining controlled substances and not obtaining the substances from him, specifically mentioning Staton. Jones stated that that would be straightened up shortly and that he had a surprise for him. During this conversation Jones also stated that he was now carrying a .45 caliber pistol and that if he shot anybody again it would be on purpose and that he would empty the gun into him. During this conversation Branch told Jones that he was grateful for Jones’ trust. At this point Jones stated that “I told you a long time ago, that if you work with me and not try to work against me everything will work out.” Jones also said that Roller owed him money and that he was going to hurt Roller when he saw him. Jones said that Kendrick had left town because Jones had told him that he would be held responsible if Briscoe started talking to law enforcement. Branch again assured Jones that Briscoe would not testify against him. Jones was angry because some of his customers had been going to Crain and purchasing drugs around Jones. About this same time Branch met with Ralph Pfeister in Little Rock, Arkansas at a local motorcycle shop. He discussed supply and quality of methamphetamine and told Pfeister that he wanted to buy direct from him. Pfeister stated that he would be able to sell directly to Branch but that Pfeister would provide a percentage of the sale to Jones because Branch was a Jones customer. Pfeister also told Branch he took vehicles in trade for methamphetamine, specifically mentioning Kevin McDougal. Jones admitted on cross-examination that he fronted drugs to McDougal. Testimony from Branch confirmed that Pfeister had a serious drug habit and was employing drugs for personal use on almost every occasion that Branch saw him. In a conversation with Jones before Jones left on a motorcycle run to Sturgis, Jones told Branch that he had ten pounds of marijuana which he would sell for $750.00. Jones further stated that he was showing a $2700.00 debt and that he had a lot more money than that out. At this time Branch saw a closed circuit T.V. system at the Jones’ residence which allowed Jones to view the exterior of his residence from the area known as his office. On the weekend following a July 19 purchase Branch accompanied Jones to Harrison and before leaving he assisted Jones in loading approximately ten pounds of marijuana into the trunk of the car to return to Pfeister. While at the Pfeister residence Branch observed Jones and Pfeister use a vacuum pump, which appeared to be a compressor out of a refrigerator, to pull excess moisture out of the amphetamine. He also saw Pfeister and Jones take an ounce of pure amphetamine, cut the ounce in a blender with a substance known as manitol, and produce two ounces of amphetamine. The amphetamine was weighed out into one-ounce packages and one ounce was distributed by Pfeister to Jones. After that, Pfeister and Jones weighed and transferred the marijuana. Branch subsequently called Pfeister on August 6, 1984 requesting a “part” from Pfeister. Pfeister agreed and a price of $1700.00 was set for the “part.” Pfeister said that he would pay Jones a percentage because he (Pfeister) was selling to Branch directly. Branch went to Harrison; he was wearing a body recording device at the time. He met Pfeister at Midway Cycle and purchased one ounce of amphetamine. In the recording on August 6, 1984, Branch and Pfeister made a reference to a stash can which Branch explained was a WD-40 brand spray oil can that had been altered to hide or secrete items inside. On this occasion Branch also saw Kevin McDougal at Midway Cycle and in a private conversation with him, McDougal stated that he was there for the same reason Branch was — to pick up some drugs. On August 9, 1984, Branch met with Pfeister, paid $1700.00 and purchased approximately one ounce of amphetamine. On August 16, 1984, Branch met with Pfeister and paid Pfeister $1700.00 for the purchase of one ounce of amphetamine. It was on this occasion that Branch was surprised to find Jones at the cycle shop in Harrison, Arkansas. Pfeister requested Branch to provide him with $1700.00 so that Pfeister could put it with other money that he had so he could purchase one-half pound of amphetamine. Branch provided Pfeister with the money and agreed to meet him later at the residence. Pfeister stated to Branch at this time that Jones had made a lot of money while he was gone from the percentage Pfeister was paying him on Jones’ Little Rock customers. While en route to the Pfeister residence, Jones and Branch had a private conversation wherein Jones stated that Pfeister had paid him some $1500.00 on Pfeister’s sales to Jones’ customers. It should be noted that Branch had made only two purchases from Pfeister at this time at $1700.00 per ounce. While at the Pfeister residence Branch observed Pfeister with one-half pound of methamphetamine which was cut by adding other substances and placing the material in a blender. Pfeister provided one ounce of amphetamine to Branch and Branch also observed Pfeister front one ounce to Jones. In late August, 1984 the undercover operation was moved to Harrison. Branch met with Pfeister at Midway Cycle and discovered that Pfeister had obtained information that federal authorities might be looking into drug operations in that area. Branch’s wife, Rose, had been seen talking to task force officers and was questioned by Pfeister concerning the incident. In September of 1984 Branch made another purchase of amphetamine from Pfeister and during that meeting Pfeister directed Branch to contact Jones to pick up cash, and to contact Wally Kendrick and tell Kendrick to see Pfeister. Branch traveled to Little Rock, met with Kendrick and Jones, and returned to Pfeister’s residence the following day. During a recorded conversation on September 19, 1984 Pfeister informed Branch that he was cutting his amphetamine/methamphetamine by fifty percent, and further informed Branch that he had two ounces of cocaine coming and $10,000.00 coming in marijuana. Pfeister told Branch that an individual by the name of “Butch” would soon be bringing in the cocaine. Branch later met “Butch” at Midway Cycle along with Sammy Spurlock. Branch identified “Butch” as Charles Suttinger. On the same day he met Suttinger and Spurlock and learned that they had arrived from South Carolina, he observed a quarter pound of cocaine at the Pfeister residence. On the following day he had a conversation with Pfeister and Pfeister said that the cocaine would sell for $2,500.00 an ounce uncut or $2,000.00 an ounce if it were cut. It was on this occasion that Branch used cocaine in a situation in which he felt it was necessary to protect his undercover status. On September 28, 1984, at Midway Cycle Shop, Branch purchased approximately one-quarter ounce of cocaine from Pfeister at a price of $600.00. During the time period that he was in Harrison, Branch had seen Ron and Laura Watson at the motorcycle shop, and in mid-October he learned from Pfeister that Pfeister had obtained some amounts of amphetamine/methamphetamine from Ron Watson. During late October Branch and the undercover investigation returned to the Little Rock area. Branch reestablished contact with Robert Earl Crain for the purpose of making controlled purchases. On January 18, 1985 Branch wore a body recording device and met with Crain. Crain was selling to Lonnie Staton and Staton was selling to Alan Koller. In his conversation, Crain related to Branch that Jones told Crain that the next time Lonnie Staton comes out to get dope from you (Crain) tell him (Staton) to come and see me instead. Crain related that he told Jones that the next time Staton came out for dope he would send him Abe’s way. In this conversation, Crain also stated that he beat Alan Koller due to Roller's drug debt to Lonnie and Bobbie Staton. Crain stated that he told Koller that “you owe my brother Abe some money and when he finds out how I collected this he’s liable to want me to come back with him, and if he does, I will.” Crain also informed Branch that Phillip Randal Goyne aka Moe had traded property to Pfeister for drugs. Crain reiterated that Branch should keep his drug business with Crain secret from Jones. Testimony of Sanders and Burks Sargent Don Sanders of the Arkansas. State Police testified that on each occasion, Branch was searched before and after purchasing drugs or delivering money to Jones, Pfeister and the other subjects of the investigation. Sanders also testified to the foundation, editing, and preparation of transcripts for the Government’s exhibits which were referred to and relied upon above. Sanders also testified as to the authenticity of the amounts and substance of amphetamines and methamphetamines which were purchased from Jones and Pfeister at different times. Detective Ronnie Burks of the Organized Crime Drug Task Force testified as to the authenticity of the amounts and substance of amphetamines and methamphetamines that were purchased from Jones and Pfeister on other occasions. Testimony of Allen and Chaney Richard Allen and Lloyd Chaney were originally defendants in this case and the United States agreed that charges against them would be dismissed if they would testify truthfully. Allen and Chaney began purchasing from Jones in March of 1984. They purchased marijuana from him ten to fifteen times at the price of $250.00 for one-quarter pound. At first they paid cash but Jones later began to sell to them on a consignment basis. They sold to four or five individuals. They also bought amphetamine/methamphetamine from Jones ten to fifteen times, purchasing approximately one to four grams at a time at a price of $80.00 to $100.00 per gram. They did not use the methamphetamine, but sold it and, according to both Allen and Chaney, Jones knew they were selling it. All of the Allen/Chaney sales took place in the office of Jones’ residence on Maple Street, and on several occasions they would have to wait in line in order to see Jones. Allen and Chaney used the telephone to call Jones concerning drugs and utilized the term “hot rod parts” in reference to the purchase of methamphetamine. Allen continued purchasing from Jones until August of 1984. Allen paid approximately $5,000.00 or more to Jones for the purchase of controlled substances. Both Allen and Chaney testified they had observed a yellow substance purported to be methamphetamine in the possession of Jones. Testimony of Alan Roller Alan Roller was originally a defendant in this action and made an agreement with the United States that charges against him would be dismissed if he testified truthfully- Roller had known Jones since the summer of 1983 when he met Jones as a bartender at the Playpen beer joint. Roller purchased amphetamine/methamphetamine from Jack Branch and sold it to Lonnie and Bobbie Staton. After Branch was injured in an altercation, Jones brought one-quarter ounce of amphetamine/methamphetamine for Roller to sell and pay him back a week later. Roller was to take over Branch’s distribution while Branch was in the hospital. Roller used some of the one-quarter ounce and sold the rest to the Statons, and didn’t have enough money to pay Jones. Roller then gave Jones a gun to settle the debt. Roller continued to buy amphetamine for the Statons and then introduced Lonnie Staton to Jones. He also bought marijuana from Jones during the time period of the conspiracy. Jones would only front small amounts to Roller after he got behind on his debt. After Roller began purchasing from Lonnie and Bobbie Staton on a consignment basis, he was contacted by Jones and informed that the Statons had turned over his debt to Jones. On one occasion Jones called Roller’s wife, and on a second occasion (in November of 1984) Jones visited Roller’s house and informed Roller that “it was almost too late.” During the time period he was purchasing from Branch and reselling to the Sta-tons (spring of 1983), the Statons began to purchase their methamphetamine from an individual by the name of Mickey and stopped purchasing from Roller. Roller related this information to Branch, who was to tell it to Jones. Roller was later told by Jones that Jones had assaulted Mickey with a pistol and that the problem had been solved. After Jones assaulted the individual known as Mickey, the Sta-tons again began purchasing their methamphetamine from Roller. Roller also bought from and was fronted drugs by Wally Rendrick. Roller had seen Pfeister at Rendrick’s residence but never purchased any drugs from Pfeister. Roller later (in the fall of 1984) became indebted to the Statons who had been obtaining their methamphetamine from Robert Earl Crain. Crain assaulted Roller because of this drug debt to the Statons. Koller was told byCrain that Koller also owed money to Jones, and that if Jones wanted his debt collected Crain would come back and assault Koller again. Alan Koller’s wife, Charlene Koller, confirmed his testimony. Testimony of Lonnie Staton Lonnie Staton was originally a defendant in this case. He pleaded guilty to a charge of illegal use of the telephone, and agreed to testify in return for dismissal of the remaining charges against him. Staton began buying marijuana and amphetamine/methamphetamine in small amounts from Alan Koller approximately four to five years ago and later increased these amounts to up to one-eighth ounce at a time. After Staton was introduced to Branch by Koller, Koller began purchasing from him in the fall of 1983. Staton related that Branch and Koller were obtaining their methamphetamine and marijuana from Jones and referred to Jones as “the boss.” During this period of time Staton also obtained amphetamine three or four times from another individual named Mickey Lawhorn. Lawhorn stopped selling because Lawhorn had been threatened and a gun had been fired at his house. Staton was informed by Branch and Koller that they had told Jones that the Statons were dealing with someone else and that Jones had assaulted Lawhorn in order to stop Lawhorn’s sales of methamphetamine to Jones’ customers. After this incident Sta-ton again began purchasing from Koller and Branch. In the winter months of 1983 Koller introduced Staton to Jones and Jones told Staton that he could deal directly with him. Staton regularly obtained amphetamine/methamphetamine from Jones, and along with his wife Bobbie, made sales to other people. Staton both paid cash for and was fronted drugs, depending on how badly Jones needed money. When the drugs were fronted Staton would have to pay for those drugs in five to seven days, the time period varying. Staton’s wife Bobbie sold most of the methamphetamine that he obtained from Jones. The most he ever owed Jones at one time was $1,000.00. Staton estimated the total amount that he paid Jones for drugs was between $4,000.00 and $5,000.00. In the first part of June, 1984, Staton accompanied Koller to Jones’ residence and Koller obtained a small amount of methamphetamine on a consignment basis from Jones. Jones threatened to assault Koller if he did not pay promptly. Jones told Staton that the term “hot rod parts” would be used as a reference to amphetamine/methamphetamine and that “stock parts” would be a reference to marijuana. Staton was told by Jones that if anyone mentioned drugs on the telephone that Jones would hang up the phone and come over to their residence and beat them with the phone. On one occasion Jones instructed Staton not to sell to Koller for a while because Koller’s debt was getting too large. Staton confirmed the testimony of earlier witnesses that he had seen a yellow type of methamphetamine at the Jones’ residence and that he usually purchased white methamphetamine from Jones. Testimony of Lester (Wally) Kendrick Lester (Wally) Kendrick testified on behalf of the government and stated that he had pleaded guilty in this case and had an agreement with the United States to testify truthfully in return for a reduction in the number of charges. The Court is aware of the inconsistent statements given by Kendrick at various stages of the proceedings and is urged by the defendants to disbelieve all of Kendrick’s testimony for this reason. However, the Court finds it is almost undisputed that Kendrick was involved extensively in the “drug business” and to a certain extent his testimony was verified by that of other witnesses, tape recordings and circumstantial evidence. Because of his demeanor on the witness stand and the totality of the circumstances the Court finds his testimony at trial credible. Kendrick testified that he had known Jones longer than Pfeister and that he purchased drugs from Branch for about one year in 1980-1981. Branch told Kendrick that the drugs were from Jones. In late 1982 or early 1983 Kendrick met Pfeister at a bar and began purchasing marijuana from him in the summer of 1983. Kendrick started buying a one quarter pound and worked up to a pound a week at a price of $1,000.00 per pound. In the summer of 1983 he was also purchasing methamphetamine from Jones. Prom time to time, at Jones’ request, he would take money from Jones, travel to Pfeister’s, pick up amphetamine, and bring it to Jones. Kendrick estimated that he had done this on ten or twelve occasions. If a person bought from Pfeister and was from the Little Rock area, the customer had to pay Pfeister an extra $100.00 for Jones. In the fall of 1983 he was selling to David Briscoe, Alan Koller and others. Kendrick continued to do business with Jones up until November of 1984. Kendrick was informed by Pfeister that during this time period George Wheeler was Pfeister's source of amphetamine/methamphetamine. David Coffey was a partner in Pfeister’s drug business during this time period. During the late fall of 1983 Kendrick was present at a meeting with “Butch” Suttinger and Sam Spurlock at the residence of Jones. Pfeister was also present and it appeared those individuals had obtained a chemical substance that they wanted refined. Kendrick was told that the substance was 43 pounds of unfinished amphetamine and Kendrick’s assistance was requested in the final preparation of the product for distribution. Kendrick observed several ounces of yellow methamphetamine in the possession of Robert Crain, and Crain told Kendrick that he had obtained the yellow methamphetamine from Pfeister. Kendrick introduced David Briscoe to Pfeister and arranged for Briscoe to obtain amphetamine on a fronted basis from Pfeister. Briscoe stored drugs for Kendrick in Briscoe’s trailer and Pfeister made deliveries to Briscoe’s trailer. By February of 1984 Pfeister would no longer sell directly to Briscoe and then Kendrick began fronting amphetamine to Briscoe. The fronted amphetamine came from Jones. Briscoe got behind on his drug debt to Kendrick and Kendrick in turn did not pay Jones. Later Briscoe paid Kendrick for the drug debt with a pawn ticket for a gun that was valued at $250.00. Kendrick gave the pawn ticket to Jones. A few weeks later Jones gave Briscoe the pawn ticket and told Briscoe to go redeem, the gun and bring the gun to Jones to satisfy the drug debt. However, Briscoe did not return with the gun. Kendrick related the details of Jones’ assault on Briscoe on the night of June 18, 1984. During 1983 Kendrick paid approximately $60,000.00 to Jones for methamphetamine. In 1983 and the early part of 1984 Kendrick paid $65,000.00 to Pfeister for marijuana and $6,000.00 to $8,000.00. to Pfeister for methamphetamine. These amounts did not include the money he delivered from Jones to Pfeister in 1983. On cross-examination Kendrick again related that Jones’ assault on Briscoe concerned a drug debt which Briscoe had attempted to pay with a pawn ticket for a pistol. Kendrick further related that Pfeister had told him that George Wheeler was Pfeister’s amphetamine source in 1983, along with George Cerra, aka Tattoo George, who was obtaining the amphetamine/methamphetamine from California. Testimony of Detective Rick Elmendorf Detective Rick Elmendorf of the Saline County Sheriff’s department testified that he was called to the Kendrick residence on June 19, 1984 and observed David Briscoe in an unconscious state being removed from the residence with a massive head injury. Elmendorf identified photographs taken of the interior of the residence, which indicated Briscoe had been violently assaulted. The gun had apparently discharged; a broken window had been discovered, along with a bullet fragment in the sill of the same window. A piece of scalp and hair was attached to the ceiling above the chair where the victim had been sitting. Testimony of David Briscoe David Briscoe testified on behalf of the Government and stated that he had agreed to testify truthfully and in return, charges against him in this indictment were dismissed. Briscoe purchased methamphetamine and marijuana from Branch and Kendrick, beginning in January or February of 1983. At that time Kendrick told him that the source of the methamphetamine was Jones. Briscoe met Jones at the Kendrick residence during this time period. Briscoe also met Ralph Pfeister at the Kendrick residence when Kendrick had paid Pfeister for marijuana. In the summer of 1983 Briscoe lost his job and decided to make some easy money by selling drugs. In August of 1983 he met with Pfeister who fronted one-quarter ounce of methamphetamine to him for $400.00. Briscoe got behind in his payments to Pfeister and his debt to Pfeister for amphetamine rose to approximately $2,400.00 over a period of several months. In early 1984 Briscoe paid Pfeister off with a semi-automatic rifle and a motorcycle. Later in 1984 Briscoe purchased methamphetamine from Kendrick and, due to his own drug habit, he got in debt to Kendrick. Briscoe provided Kendrick with a pawn ticket for a firearm to pay off part of the debt. Kendrick told Briscoe that the drugs that Kendrick sold to him were Jones’ drugs and that Jones wanted the money so Kendrick passed the pawn ticket on to Jones. Briscoe met with Jones and Jones became very angry, gave the pawn ticket to Briscoe, and told him to go get the gun and bring the gun back to Jones. Briscoe kept the pawn ticket, embezzled some money from his job, and went to Florida, still owing Jones money for the drugs he had purchased from Kendrick. Briscoe returned to the Little Rock area in May of 1984. On June 18, 1984, Briscoe was at Kendrick’s residence when Jones arrived, assaulted him and beat him on the head with a gun. Briscoe was hospitalized for several weeks at the University of Arkansas Medical Center and underwent surgery twice to remove skull fragments from the wounded area. Briscoe confirmed that Branch had visited him in the hospital seeking information for Jones. Briscoe was in physical therapy for three months following the assault and now has partial paralysis in the right side of his body, principally in his right arm and leg. Briscoe stated that he had been paid expenses for relocation by the Government because of the serious threats that he and his wife had received concerning his testimony in this case. On cross-examination Briscoe stated that he had received a phone call after this indictment stating that he would be killed if he testified. On cross-examination Briscoe testified that he had met George Wheeler in the company of Pfeister and that Wheeler was from Deer, Arkansas. Testimony of Michael Fagan Michael Fagan testified that originally he had been indicted in this case but that later he was indicted separately, and pleaded guilty to reduced charges in return for cooperation and truthful testimony. Fagan made approximately fifteen marijuana purchases in one pound quantities at $800.00 to $1200.00 per pound from Pfeister during 1983 and 1984. Pfeister would, at times, front the marijuana to Fagan, coming by his residence and leaving the marijuana and then later coming by to pick up the money. On one occasion he was directed by Pfeister to pick up his marijuana at Jones’ residence. He did pick up the marijuana at the Jones’ residence and did not pay Jones but later paid Pfeister. Some of the marijuana was for his own use and some he resold to other people. Testimony of Coy White The United States called Coy White as a witness. Coy White stated that he had reached an agreement with the United States Attorney for the Western District of Arkansas wherein he agreed to plead guilty to the distribution of marijuana, agreed to testify truthfully, and agreed to cooperate in undercover investigations. In return for his cooperation he would not be charged with other acts in the Western District of Arkansas and would be provided with use immunity. Coy White stated that he also reached an agreement with the United States Attorney for the Eastern District of Arkansas to testify truthfully concerning Pfeister and, in return, White would not be prosecuted for his transactions with Pfeister in the Eastern District of Arkansas. On his plea of guilty in the Western District of Arkansas White received a sentence of three years. His cooperation in the undercover investigation included wearing a body recording device and delivering chemicals. The investigation resulted in the indictment of several defendants in the Western District of Arkansas. This cooperation was pointed out to the court in the Western District at the time of White’s sentencing. Coy White had known Pfeister for approximately ten years, and first began dealing with Pfeister in February of 1984. He knew that Pfeister was dealing in amphetamine/ methamphetamine and because of this he left Pfeister a sample that he had obtained from Tom Harding. In February or early March of 1984 Coy White sold approximately one ounce of amphetamine to Pfeister for approximately $1400.00. His sales to Pfeister increased to the point that he was selling as much as one-half pound at a time to Pfeister. Coy White estimated that he sold approximately three to four ounces per week to Pfeister for an eight month period in 1984. The price Coy White charged Pfeister dropped after Pfeister began purchasing larger amounts. Coy White estimated that he sold approximately one hundred ounces of amphetamine/methamphetamine to Pfeister during this eight-month time period and that Pfeister paid an estimated $100,000.00 for the drugs. This figure would include property, such as cars and motorcycles, which he took from Pfeister on trade for amphetamine/methamphetamine. Coy White was informed by Pfeister during this time period that Pfeister had other sources of amphetamine/methamphetamine and had, in fact, obtained one pound from someone else. Coy White also knew Ron Watson during this time period and sold to Ron Watson in 1984 in very small quantities only on several occasions. Coy White also sold cocaine to Pfeister in late 1984 and was paid approximately $2,000.00 to $3,000,00 for the cocaine. Coy White often fronted drugs to Pfeister. Coy White and Pfeister' both routinely cut their drugs. Coy White cut his drugs approximately eight grams per ounce, which would give a twenty percent reduction in purity. When asked the question if Pfeister cut his drugs another fifty percent, would that make the purity run around thirty percent, White responded that it would. It is significant to note that the amphetamine purchased on August 6, 1984 from Pfeister was stipulated to be amphetamine at 32 percent; it was stipulated that the amphetamine purchased on August 9, 1984 was amphetamine at 33 percent; it was stipulated that the amphetamine purchased on August 16, 1984 was 48 percent; and it was stipulated that the amphetamine purchased on September 17, 1984 from Pfeister was 38 percent. Coy White said that Pfeister had a significant drug habit during this time period. Coy White further testified that Jimmy Dale White and Dwayne White were relatives of his and that he had been told in the fall of 1984 by Jimmy Dale White that Pfeister owed Jimmy Dale and Dwayne $10,000.00 for the purchase of marijuana. Coy White used the telephone to discuss his sales of amphetamine/methamphetamine with Pfeister and if Pfeister called and asked for “one” it would be a reference to a purchase of one ounce of methamphetamine. A telephone call from Coy White requesting something from Pfeister would concern money in payment for fronted methamphetamine. Coy White sold to other persons besides Pfeister and sold a large quantity of drugs during this time period. Pfeister still owed Coy White approximately $10,000.00 for amphetamine/methamphetamine. If Pfeister sold amphetamine/methamphetamine prior to early March or February of 1984 Pfeister had not obtained the drugs from Coy White. The reason he began selling to Pfeister was because he knew that Pfeister had been selling methamphetamine prior to February, 1984. If Pfeister sold marijuana, he had not obtained it from White. Testimony of Jerry Norvell Jerry Norvell was called as a Government witness and testified that he had reached an agreement with the United States that in return for truthful testimony, his testimony would not be used against him. Norvell had known Pfeister for approximately three years. In late 1983 and early 1984 Norvell began purchasing methamphetamine from Pfeister and continued purchasing from Pfeister for approximately nine months. The price was approximately $50.00 to $80.00 a gram and the price was set by Pfeister. Pfeister told him the price he should set on resale and that he should not sell for less than $100.00 per gram if he sold to other persons. As Norvell’s purchases increased to several grams at a time Pfeister would front the amphetamine/methamphetamine to him and he would pay Pfeister later. Norvell often used the telephone to discuss his drug transactions with Pfeister and Pfeister would send Heather McLaughlin or Maggie Swanson to Norvell’s shop to pick up money for the drugs. Norvell used the amphetamine himself and also distributed it to two to five other persons. Pfeister delivered amphetamine to Norvell in the presence of Maggie Swanson and the two men used drugs in the presence of Maggie Swanson. Pfeister raised the price of the amphetamine when the quality improved. In the summer of 1984 Norvell was not aware that his phone calls were being intercepted. He had reviewed transcripts of those phone calls and his references to “getting something to Ralph” were references to delivering money to Pfeister; the term for amphetamine would usually be a “half” or a “whole”. The total amount Norvell paid Pfeister for amphetamine during this timé period was approximately $2,000.00 and he also had purchased approximately $400.00 worth of marijuana. Norvell also stated that the cycle shop was operated as a cycle shop and that motorcycles were worked on during early 1984, but by late 1984 little work was done as a cycle shop, and it appeared that people were just hanging around the shop. Norvell, still on cross-examination, admitted that he used drugs with Pfeister on several occasions and that he only sold to two people on two different occasions. On redirect Norvell stated that he was unsure of the number of people he sold to and it could have been as many as five; he also distributed small quantities to friends. Exhibits The Government introduced numerous exhibits found in Jones’ residence, some of which were cutting agents, residue of amphetamine and methamphetamine, bulletproof vests and t-shirts, one pound of marijuana and notes concerning the manufacture of amphetamine/methamphetamine. Items seized from Crain’s residence included scales for weighing drugs, residue of methamphetamine and amphetamine, three items removed from the Roller residence, and a clipping from a Benton Courier newspaper article concerning the assault of David Briscoe. Items seized from Kendrick’s residence included scales used in weighing controlled substances and methamphetamine and amphetamine residue. Drug paraphernalia, pistols, amphetamine and a hand-written note from an individual known as “B.C.” from Iowa were seized from Pfeister and his vehicle when he was arrested for driving under the influence in North Carolina. Items seized during a search at Midway Cycle included a gross sales report showing legitimate income and income “received but not reported”, a blue envelope addressed to Heather McLaughlin from Charles Suttinger, a blue phone index and telephone numbers and a check payable to Coy White signed by Pfeister. Government Exhibits # 82 through # 95 were introduced and consisted of drug paraphernalia, amphetamine, WD-40 stash cans and a Hires Root Beer stash can. Government Exhibit # 85 was a sealed bag of phenyl acetic acid. Government’s Exhibit # 89 was an envelope addressed to Michael Edward Jones with the return address of Charles Suttinger, containing 17 pages of step-by-step instructions for making amphetamine/methamphetamine. The remaining items were notebooks and papers seized from Pfeister’s residence which indicate financial transactions with a number of co-conspirators in this case. The notebooks contained on-going, running totals of figures, some in thousands of dollars, to persons such as “Abe” (Michael Jones), “Coy” (Coy White), and others. The United States next introduced Government’s Exhibit # 96, a stipulation concerning the chemist’s testimony that Government’s Exhibit #75 was in fact amphetamine. It was stipulated that the item was found on the person of Ralph Pfeister during his arrest in North Carolina in early 1985. Both exhibits were received at that time. The United States next introduced a stipulation concerning chemist’s testimony in Government’s exhibits # 26 through # 39. These exhibits were received in evidence, as were the remaining drug exhibits, which had been obtained in searches of the residences of Kendrick, Crain, Pfeister and Jones. It is significant to note that both methamphetamine and amphetamine were located in the residences of Jones, Crain and Kendrick. Testimony of Eugene Crouch Eugene Crouch, Special Agent for the Federal Bureau of Investigation, testified that he prepared a chart from the telephone records of Midway Cycle, Ralph M. Pfeister, Michael Edward Jones, Wally Kendrick and Robert Earl Crain. The chart reflected approximately 180 calls between Kendrick and Pfeister from January of 1983 to May of 1984. There were approximately 146 calls between Jones and Pfeister; there were 28 calls between Crain and Pfeister; and there were a number of calls from Pfeister to Michael Fagan, as well as to Charles Anthony Suttinger and David Briscoe. Crouch further testified that Coy White’s cooperation had resulted in the Government seizure of over $90,000.00 in property, including an eighteen-wheel tractor trailer truck, assorted cars and sports cars and an airplane. Testimony of Margaret Stevenson Margaret Stevenson, an analyst for the Drug Enforcement Administration, was a well-qualified and very credible witness in this case. Her testimony revealed that the 17 page recipe found at the Pfeister residence, addressed to Michael Jones, was an in-depth recipe for the production of P2P or phenyl acetone, which is a precursor for methamphetamine. Stevenson testified that a precursor is a chemical which is necessary for the manufacture of a second chemical. P2P itself is a controlled substance, and is the chemical which is necessary for the final production of methamphetamine or amphetamine. She also testified that several pieces of paper which were found at Jones’ residence contained a list of chemicals used in the production of P2P. The list was compiled from the 17-page recipe. Phenyl acetic acid, found at Pfeister’s residence, was a substance used in an alternative method for making P2P. Stevenson stated that the use of phenyl acetic acid in the manufacture of P2P is the method of choice on the West Coast of the United States, while the 17-page recipe is the method of choice used in the southern United States. It is significant to note that Wally Kendrick testified that George Cerra was obtaining amphetamine/methamphetamine from a contact on the West Coast and that Cerra was at one time a source of drugs for Pfeister. It is also significant to note that Kendrick testified that he was at Jones’ residence when Suttinger, Spurlock, Pfeister and Jones stated that they were in possession of 43 pounds of a substance which only needed a final step to make the substance methamphetamine. Stevenson stated that she had never seen a recipe which so completely described the process or detailed the steps involved in making P2P as the 17 page recipe. Stevenson examined Government’s Exhibit # 94, a Hires Root Beer stash can, and stated that she could smell phenyl acetic acid in the can. Stevenson reiterated that phenyl acetic acid is a precursor for P2P and that P2P is a precursor for amphetamine and methamphetamine. Stevenson examined glassware seized from Jones’ residence and stated that it could have been used in several different processes during the manufacture of methamphetamine or amphetamine. She examined the vacuum pump and glass jar seized and stated that they could be used to dry out a powder substance in the manufacturing process of amphetamine/methamphetamine. She stated that the caustic soda mentioned in Government’s Exhibit # 42 is an item that is commonly used in the final steps of the manufacture of methamphetamine and amphetamine. The United States introduced as exhibits diagrams utilized by Mrs. Stevenson during her direct testimony. Documents Introduced Documents were introduced showing that neither Ralph M. Pfeister nor Michael E. Jones had filed tax returns for the years 1980, 1981, 1982, 1983 and 1984. The original Western Union money transfer indicating that Charles A. Suttinger transferred $1,000.00 to Ralph Pfeister on June 15, 1984 was introduced as a Government Exhibit. Phone calls between Jones and Coffey indicates that Coffey told Jones Suttinger would be wiring cash to Pfeister. Kendrick testified that in 1983 Coffey was a partner with Pfeister and transported marijuana for Pfeister. Government Exhibits # 113 through # 118, the six boxes of original reel-to-reel tape recordings made during this investigation pursuant to orders of the District Court, were next introduced. The boxes were received in a sealed condition, a duplicate original having been provided to defense counsel for their inspection. Government’s exhibit # 119 was an evidentiary proposal wherein the parties agreed that the Government’s Exhibits # 120 through # 216, individual cassette tapes, and Government’s Exhibit # 120A through # 216A, corresponding transcripts, were fair and accurate reproductions and transcriptions as to the original Title Ill’s in Government’s Exhibits # 113 through # 118. The attorneys in the case, as well as the defendants, acknowledged that they had reviewed the transcripts and tapes; that these materials were accurate as to the original tapes and that the transcripts were fair and accurate representations of what was contained in the tapes. The parties further agreed in this document that the Court could review the transcripts of the tapes in camera. The parties agreed further that this review of the transcripts would be sufficient and in open court the Court reported all transcripts were read and considered as part of the record in this case. Intercepted Telephone Calls The Government, in its post-trial brief, submitted a synopsis of the content of 97 intercepted phone calls between various individuals. Rather than reiterate the details of each call, the Court will merely summarize the essence of the calls as follows: The calls generally substantiate much of the testimony of Jack Branch, Lester Kendrick, Lloyd Chaney, Lonnie Staton, Richard Allen, David Briscoe, Jerry Norvell, Coy White and Michael Fagan. The calls confirm the relationship between Pfeister and Jones with respect to drug dealings (i.e., discussions of money owed them); supervision or control over numerous individuals, including the Delaneys, Kevin McDougal, Robert Crain, Heather McLaughlin, Tracy Wyatt, Maggie Swanson, Michael Fagan and Jerry Norvell; the continuing use of the terms “auto parts” and “hot rod parts”; the close conspiratorial relationship among Jones, Paul Delaney, Robert Crain and Gary Wiggs; substantial income received by Pfeister and Jones; Jones’ hiding after his assault on Briscoe; that Jones regularly dealt in marijuana and that Pfeister dealt in large amounts of marijuana and supplied marijuana to Jones; that Pedro Martinez from Texas was one of Pfeister’s sources of supply for controlled substances; that Coy White supplied Pfeister with amphetamine on a regular basis for nine months during 1984; that George Wheeler was another source for Pfeister; that Pfeister was trying to sell his motorcycle business in order to have working capital; that other persons were often used to assist in the drug transactions; Pfeister’s drug habit; the financial relationship between Pfeister and Suttinger; the defendants control over the amount fronted; the ongoing financial relationship of Pfeister to Jones and Suttinger; Samuel Spurlock’s involvement in the conspiracy; that Pfeister sold drugs to numerous people in the Harrison, Arkansas area; that Jimmy High had an ongoing relationship with Martinez and Pfeister to deliver controlled substances; that Suttinger acted at the direction of Pfeister in collecting money from Jones for Pfeister; Suttinger and Pfeister’s financial relationship with Pedro Martinez; that Pfeister routinely cut his amphetamine by 50 percent; that Ron Watson was one of Pfeister’s sources for amphetamine; that Eddie Schult was another individual who acted at the direction of Pfeister; that Pfeister was able to obtain other sources of controlled substances in large amounts; that Pfeister and Jones often used the term “part” to mean amphetamine; that Spurlock and McLaughlin were aware of and were part of the Pfeister drug organization; that Spurlock was sent to assist Pfeister in identifying any informant in his organization; that Spur-lock was a drug dealer and that he left drug sales in his home area to assist in the Arkansas organization. Testimony of Michael Jones Michael Jones testified that Kendrick and Branch were his only two customers in 1983 and that he obtained methamphetamine from Kendrick from August 1983 until January 1984. This statement is not credible in light of all of the corroborated testimony indicated above. Also, Jones admitted he began selling drugs prior to 1983 and confirmed that he had a 1980 conviction for possession of methamphetamine. Jones testified he had fronted, sold or distributed drugs to Wally Kendrick, Jack Branch, Alan Koller, Lonnie Staton, Robert Crain, Lloyd Chaney, Keith Smith, Art Downs, Georgianne Jones, Jeanine Maola, Kevin McDougal, Greg Wilkins and Homer Stone. Jones also stated that he had used drugs with Gary Wiggs, Phillip Goyne, Billy Jack Hathcock, James Stroud and William Edward Eaves. Jones admitted that his wife, Georgianne Jones, had brought methamphetamine to him from Pfeister and that he obtained some from an individual in Texas. Jones further admitted that Charles Suttinger and Samuel Spurlock did bring in a product which they wanted to turn into methamphetamine. Jones denied receiving $60,000.00 from Kendrick, but rather stated it would only have been a third of that amount. Jones admitted that he had threatened to beat David Briscoe if he talked, but stated that he was not going to do so. Jones admitted he was a convicted felon and that during the investigation he had in his possession a .41 caliber pistol, a .45 caliber pistol, a .44 caliber pistol, and a .380 caliber pistol. He admitted that at one time he had a closed circuit T.V. in his house. He stated that the most he ever got into debt to Pfeister was $5,000.00. Jones also admitted that he had told Lonnie Staton to quit selling to Alan Koller because Koller was already so far in debt to Jones. Jones confirmed that Michael Fagan at one time came to his house and picked up marijuana that had been left there by Pfeister. Jones confirmed that he had received eight ounces of yellow methamphetamine from Pfeister and that on one occasion he had taken Robert Crain to meet Pfeister. He also admitted that Pfeister had put him on a cash on delivery basis when he purchased drugs. Jones had told Crain to send the Statons back to him if the Statons tried again to buy from Crain. Jones had used drugs with Judy Delaney and told Paul Delaney while he (Jones) was in hiding to take care of Jones’ house and if anyone came by to pay Jones money to take it. Testimony of Ralph Pfeister Ralph Pfeister also testified in his own defense. Throughout his testimony Pfeister discussed the numerous individuals to whom he sold, fronted and gave drugs, as well as from whom he received drugs. The people to whom he sold and/or fronted or gave various drugs were Ann Cotton, Maggie Swanson, Jennifer Harker, Charles Suttinger, Teresa Fiveash, Tracy Wyatt, Jack Branch, Jerry Norvell, Kevin McDougal, Jennie Teavis, Edgar Dovers, David Briscoe, Michael Fagan, Jimmy High and Michael Jones. He obtained marijuana from George Wheeler and Jimmy Dale White and methamphetamine from Mike Wheeler and George Cerra and cocaine from Coy White. Pfeister stated that Mike Wheeler had attempted to sell him a laboratory which- was eventually sold to Tom and Joe Harding. He stated that in February, 1984 he began buying from Coy White. Pfeister stated that he fronted drugs when drugs were fronted to him, and that if he had to pay cash, he made his customers pay cash. If Pfeister knew the individuals very well and knew that they would pay, the drugs would be fronted to them. No one picked up or delivered drugs for him. (This statement is contradicted by other evidence.) Pfeister did not control Jones and believed that nobody could control Jones. Pfeister stopped selling to Wally Kendrick sometime in late 1983 because Kendrick got so far in debt to him. Pfeister personally used as much as one-half ounce of methamphetamine per week, either giving it away or using it himself. He maintained his drug habit by selling methamphetamine. He stated that he still owed over $30,000.00 for drugs. Pfeister admitted that Georgianne Jones had picked up amphetamine from him to deliver to Jones. He confirmed that he had not filed tax returns since 1980 because he was “just barely getting by.” He admitted that he had sold drug