United States v. Vitale

Juanita Vitale (defendant) was charged with selling drugs after an undercover officer, Zinselmeier, called a residence and arranged a drug sale with a woman who identified herself as Vitale and described herself and her car. An hour later, a woman matching that description arrived in the described car and sold Zinselmeier the drugs. At trial, Zinselmeier testified he recognized Vitale's voice from the initial call, based on having spoken with her three times total. Vitale objected that Zinselmeier had never heard her voice before that first call, so he could not have identified her voice at the time.