United States v. Pool
United States Court of Appeals for the Fifth Circuit
660 F.2d 547 (1981)
DEA Agent Starratt received a phone call from a person who identified himself as "Chip" and relayed a message about obtaining a boat; Starratt never met "Chip" or recorded the call. At trial for a marijuana-importation scheme, Starratt identified the caller as Loye (defendant) based solely on the fact that Loye was known to use the nickname "Chip," without ever having compared the caller's voice to Loye's. The district court admitted this identification, and Loye was convicted of using a telephone to facilitate illegal importation; he appealed, arguing the identification was improperly authenticated.
Whether voice identification testimony may be admitted if there is insufficient proof to establish a prima facie case that the witness heard the voice of the person whom the witness identifies.