Thomas reese

Following a bench trial, Thomas Reese was convicted of conspiracy to possess cocaine with intent to distribute, in violation of 21 U.S.C. Sec. 846 (1982) (count 1); possession with intent to distribute and distribution of cocaine, in violation of 21 U.S.C. Sec. 841(a)(1) (1982) (counts 7, 9, 13 and 15); aiding and abetting violations of 21 U.S.C. Sec. 841(a)(1) (1982) (counts 5 and 11); unlawful possession of a firearm, in violation of 18 U.S.C. app. Sec. 1202(a)(1) (1982) (counts 23 and 24); and unlawful use of a communication facility, in violation of 21 U.S.C. Sec. 843(b) (1982) (counts 16-20). Linda Reese, Thomas' wife and co-defendant, was convicted of conspiracy to possess cocaine with intent to distribute (count 1); aiding and abetting the sale of cocaine (counts 9 and 15); and possession with intent to distribute cocaine (count 11).
2In this appeal, Thomas Reese challenges the sufficiency of the evidence supporting his convictions on all counts other than possession with intent to distribute and one count of aiding and abetting. Linda Reese challenges the sufficiency of the evidence supporting her convictions on all counts other than possession with intent to distribute. Both Reeses challenge the validity of the sentences imposed by the district court.
3We conclude that with the exception of the firearms counts, there exists sufficient evidence to support those convictions that the Reeses challenge. Accordingly, we reverse Thomas Reese's convictions for unlawful possession of firearms and affirm the other convictions involved in this appeal. We further conclude that the sentences imposed on Linda Reese were valid and must be affirmed. However, a serious question exists as to the extent to which the sentences imposed on Thomas Reese were influenced by certain ex parte information submitted by the prosecution. We therefore vacate Thomas Reese's sentences and remand his case to the district court for resentencing.
4On June 30, 1983, two undercover special agents from the Drug Enforcement Administration, Greene and Brown, contacted Kevin Morgan at a Los Angeles gym to inquire into the possibility of establishing a regular connection for the purchase of cocaine. Morgan told the agents that he had a good source in Thomas Reese. He informed them of the price scale for cocaine and indicated that he would be willing to do business with them. Morgan also stated that he would introduce them to Reese's daughter Rhonda.