United States v. Ulysses Biggins, A/K/A Jake Frazier, 551 F.2d 64 (5th Cir. 1977). · Go Syfert
United States v. Ulysses Biggins, A/K/A Jake Frazier, 551 F.2d 64 (5th Cir. 1977). Cases Citing This Book View Copy Cite
“discretion is not to be sacrificed to a formalistic adherence to the standard we establish.”
180 citation events (64 in the last 25 years) across 22 distinct courts.
Strongest positive: United States v. Diana Gonzales Buchanan, Fedell Anderson, Vernon Bonner, and John Buchanan (ca5, 1996-02-22)
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977 2001 2026
Top citers, strongest first. 47 distinct citers.
discussed Cited as authority (verbatim quote) United States v. Diana Gonzales Buchanan, Fedell Anderson, Vernon Bonner, and John Buchanan (2×) also: Cited as authority (rule)
5th Cir. · 1996 · signal: see · quote attribution · 1 verbatim quote · confidence high
discretion is not to be sacrificed to a formalistic adherence to the standard we establish.
discussed Cited as authority (rule) Fleming v. Methodist Hospital
W.D. Tex. · 2024 · confidence medium
Although a party introducing an audio recording has the burden of proving the accuracy of the recording, United States v. Biggins, 551 F.2d 64, 66 (5th Cir. 1977), summary judgment evidence need not be in admissible form as long as it can be presented in admissible form at trial.
discussed Cited as authority (rule) White v. Keesler Federal Credit Union
S.D. Miss. · 2023 · confidence medium
See Donelon, 521 F.3d at 329; United States v. Buchanan, 70 F.3d 818, 827 (5th Cir. 1995) (holding that a district court has broad discretion in determining whether a sound recording should be admitted) (citing United States v. Biggins, 551 F.2d 64, 66 (5th Cir. 1977)). a.
discussed Cited as authority (rule) Johnson v. United States
D.C. · 2023 · confidence medium
This heightened standard (whether it is really “clear and convincing evidence” or merely “reasonable probability”) reflects concerns that voice identifications may be unreliable and particularly difficult to make, that recording, reproduction, and preservation processes may result in distortion, loss of content, or other inaccuracies, and that “more so than photographs or other demonstrative evidence, sound recordings are susceptible to alterations that may be impossible to detect.” Id. (quoting United States v. Biggins, 551 F.2d 64, 66 (5th Cir. 1977) (alteration omitted)).
cited Cited as authority (rule) United States v. Turner
5th Cir. · 2022 · confidence medium
See United States v. Rodriguez, 523 F.3d 519, 525 (5th Cir. 2008); United States v. Biggins, 551 F.2d 64, 66 (5th Cir. 1977).
discussed Cited as authority (rule) United States v. Pebley
10th Cir. · 2021 · confidence medium
He relies principally on the Fifth Circuit’s approach that requires showing “the competency of 6 the operator, the fidelity of the recording equipment, the absence of material deletions, additions, or alterations . . . , and the identification of the relevant speakers.” United States v. Biggins, 551 F.2d 64, 66 (5th Cir. 1977).
discussed Cited as authority (rule) United States v. Laroy Johnson
5th Cir. · 2019 · confidence medium
Generally, “[t]o establish authenticity [of intercepted telephone recordings], the Government must demonstrate: 1) the operator’s competency, 2) the fidelity of the recording equipment, 3) the absence of material alterations, and 4) the identification of relevant sounds or voices.” United States v. Green, 324 F.3d 375, 379 (5th Cir. 2003) (citing United States v. Biggins, 551 F.2d 64, 66 (5th Cir. 1977)) (the “Biggins factors”).
discussed Cited as authority (rule) United States v. Byron Jones
5th Cir. · 2017 · confidence medium
When a recording is at issue, a “witness’s familiarity with the voice sought to be identified, whether the familiarity developed before or after the time of the recording, is sufficient to ensure reliable voice identification.” United States v. Biggins, 551 F.2d 64, 68 (5th Cir, 1977).
discussed Cited as authority (rule) People v. Baca
Colo. Ct. App. · 2015 · confidence medium
The former burden could be satisfied with testunony from a percipient witness-either a party 'to the call or someone who had listened in as the call was recorded-while the latter burden required a witness who could testify to the "competency of the operator, the fidelity of the recording equipment, the absence of material deletions, additions, or alterations in the relevant portions of the recording, and the identification of the relevant speakers." Id. (quoting United States v. Biggins, 551 F.2d 64, 66 (5th Cir.1977)). 1 28 More recently, courts have allowed for admission of a recorded call w…
discussed Cited as authority (rule) United States v. Shawanna Reeves
11th Cir. · 2014 · confidence medium
In order to introduce a recording at trial, the government must establish that it “is an accurate reproduction of relevant sounds previously audited by a witness.” United States v. Biggins, 551 F.2d 64, 66 (5th Cir.1977). 9 Plainly, the government carries the burden of proving: (1) the competency of the operator; (2) the fidelity of the recording equipment; (3) the absence of material deletions, additions, or alterations in the relevant portions of the recording; and (4) the identification of the relevant speakers.
discussed Cited as authority (rule) United States v. Demuntray D. Cox
11th Cir. · 2013 · confidence medium
Generally, “the trial judge has broad discretion in determining whether to allow a recording to be played before the jury.” United States v. Biggins, 551 F.2d 64, 66 (5th Cir.1977). 2 Although Cox objected to Fitzgerald’s identification and testimony, preserving these issues for appellate review, he failed to challenge the admission of the tape on authenticity grounds.
cited Cited as authority (rule) United States v. Bishop Capers
11th Cir. · 2013 · confidence medium
Generally, “the trial judge has broad discretion in determining whether to allow a recording to be played before the jury.” United States v. Biggins, 551 F.2d 64, 66 (5th Cir.1977).
discussed Cited as authority (rule) United States v. Chaney
5th Cir. · 2008 · confidence medium
This court finds a sound recording admitted into evidence to have been properly authenticated only when the party introducing it demonstrates “that the recording as played is an accurate reproduction of relevant sounds previously audited by a witness.” United States v. Biggins, 551 F.2d 64, 66 (5th Cir.1977).
discussed Cited as authority (rule) United States v. Orlando Ariel Gonzalez Perez
11th Cir. · 2008 · confidence medium
This court has previously held that, to admit into evidence a recorded conversation, the government must establish, inter alia, the identification of the speakers. 8 United States v. Harrell, 788 F.2d 1524, 1527 (11th Cir.1986) (citing United States v. Biggins, 551 F.2d 64, 66 (5th Cir.1977) 9 (footnote added)).
cited Cited as authority (rule) KMS Restaurant Corp. v. Wendy's International, Inc.
11th Cir. · 2006 · confidence medium
The district court applied the analysis set forth in United States v. Biggins, 551 F.2d 64, 66 (5th Cir. 1977). 11 .
discussed Cited as authority (rule) United States v. Stephens
N.D. Ga. · 2002 · confidence medium
The Eleventh Circuit standard, initially set forth by the former Fifth Circuit in United States v. Biggins, 551 F.2d 64, 66 (5th Cir.1977), 2 requires the proponent to show, in a criminal case: “(1) the competency of the operator [of the recording equipment]; (2) the fidelity of the recording equipment; (3) the absence of material deletions, additions, or alterations in the relevant, part of the tape; and (4) the identification of the relevant speakers.” United States v. Sarro, 742 F.2d 1286, 1292 (11th Cir.1984) (citing Biggins, 551 F.2d at 66 ).
discussed Cited as authority (rule) United States v. Wardlaw
N.D. Ga. · 1997 · confidence medium
As applied to tape recordings, this means that the proponent must come forward with evidence showing, inter alia, “the absence of material deletions, additions, or alterations in the relevant portions of the recording.” United States v. Biggins, 551 F.2d 64, 66 (5th Cir.1977). 3 Furthermore, because “recorded evidence is likely to have a strong impression on a jury and is susceptible to alteration,” the evidence of its authenticity and accuracy must be “clear and convincing.” United States v. Ruggiero, 928 F.2d 1289, 1303 (2nd Cir.1991) (citations omitted); see also United States v…
cited Cited as authority (rule) United States v. Green
unknown court · 1994 · confidence medium
United States v. Biggins, 551 F.2d 64, 68 (5th Cir.1977).
cited Cited as authority (rule) United States v. Green
unknown court · 1994 · confidence medium
United States v. Biggins, 551 F.2d 64, 68 (5th Cir.1977).
examined Cited as authority (rule) Butler v. United States (3×) also: Cited "see, e.g."
D.C. · 1994 · confidence medium
There must be a showing that there are no alterations in the original recording in the form of changes, additions, or deletions because “[m]ore so than photographs or other demonstrative evidence, sound recordings are susceptible to alterations that may be impossible to detect.” United States v. Biggins, 551 F.2d 64, 66 (5th Cir.1977).
discussed Cited as authority (rule) State v. Cusmano
N.J. Super. Ct. App. Div. · 1994 · confidence medium
The Fifth Circuit has rejected this strict formulation, however, and instead requires only a showing of "competency of the operator, the fidelity of the recording equipment, the absence of material deletions, additions, or alterations in the relevant portions of the recording, and the identification of the relevant speakers." United States v. Anderton, 679 F. 2d 1199, 1202 (5th Cir.1982) (quoting United States v. Biggins, 551 F. 2d 64, 66 (5th Cir.1977)).
discussed Cited as authority (rule) State v. Weatherly
Iowa Ct. App. · 1994 · confidence medium
United States v. Biggins, 551 F.2d 64, 66-67 (5th Cir.1977) cited in Russell, 261 N.W.2d at 495-96 ; see also United States v. Hassell, 547 F.2d 1048, 1054-55 (8th Cir.1977) cert. denied by McIntosh v. United States, 430 U.S. 919 , 97 S.Ct. 1338 , 51 L.Ed.2d 599 (1977).
examined Cited as authority (rule) State v. Lavers (4×)
Ariz. · 1991 · confidence medium
Because of the evident dangers of admitting sound recordings into evidence at criminal trials, United States v. King, 587 F.2d 956, 960 (9th Cir.1978); United States v. Biggins, 551 F.2d 64, 66 (5th Cir.1977), some courts have adopted rigid guidelines for the admission of such evidence. 5 Others, such as the Ninth Circuit, have adopted a more flexible approach that defers to the trial judge’s discretion and requires only that the judge “be satisfied that the recording is accurate, authentic, and generally trustworthy.” 5 J.
discussed Cited as authority (rule) State v. Gibbons (2×)
N.J. · 1987 · confidence medium
See United States v. Parrish, 736 F.2d 152, 156 (5th Cir.1984) (“the previous conviction was for a crime very similar to that for which [defendant] was on trial, and was therefore strongly relevant to the issue of predisposition”); United States v. Moschiano, 695 F.2d 236, 244 (7th Cir.1982), cert, denied, 464 U.S. 831 , 104 S.Ct. 110 , 78 L.Ed.2d 111 (1983) (“subsequent similar acts may, under proper circumstances, be admissible to prove the defendant’s predisposition to commit the crime charged”); United States v. Biggins, 551 F.2d 64, 68 (5th Cir.1977) (“evidence of prior simila…
cited Cited as authority (rule) United States v. Luis Carbone, A/K/A \Luiggi
unknown court · 1986 · confidence medium
See also United States v. Slade, 627 F.2d 293, 301 (D.C.Cir.1980); United States v. Rickman, 600 F.2d 286, 294 (1st Cir.1979); United States v. Biggins, 551 F.2d 64, 66 (5th Cir.1977).
cited Cited as authority (rule) United States v. James Timothy Harrell, Robert Galveston Alexander, and John Henry Porter
11th Cir. · 1986 · confidence medium
United States v. Biggins, 551 F.2d 64, 66 (5th Cir.1977).
discussed Cited as authority (rule) Phipps v. Harrison Radiator, Division of General Motors Corp.
6th Cir. · 1986 · confidence medium
See United States v. Robinson, 707 F.2d 872, 876 (6th Cir. 1983), aff'd after retrial, 763 F.2d 778, 781-82 (6th Cir. 1985); see also United States v. Wood, 695 F.2d 459, 462-63 (10th Cir. 1982); United States v. Biggins, 551 F.2d 64, 66-67 (5th Cir. 1977); United States v. Haldeman, 559 F.2d 31, 109 (D.C.
cited Cited as authority (rule) United States v. Scott Richardson, Rafael Bruno Crespo-Diaz, Reinaldo Crespo-Diaz, Benjamin Wayne Reese
11th Cir. · 1985 · confidence medium
United States v. Moore, 732 F.2d 983 (D.C.Cir.1984); United States v. Jimenez, 613 F.2d 1373 (5th Cir.1980); United States v. Biggins, 551 F.2d 64, 68 (5th Cir.1977).
examined Cited as authority (rule) United States v. Thomas A. Faurote (3×) also: Cited "see, e.g."
7th Cir. · 1984 · confidence medium
United States v. Blakey, 607 F.2d 779, 787 (7th Cir.1979) (“Blakey”); United States v. Fuentes, 563 F.2d 527, 532 (2d Cir.), cert. denied, 434 U.S. 959 , 98 S.Ct. 491 , 54 L.Ed.2d 320 (1977); United States v. Biggins, 551 F.2d 64, 66 (5th Cir.1977) (“Biggins”)) Annot., 58 A.L.R.2d 1024 , 1038 (1958).
discussed Cited as authority (rule) United States v. Richard Dimatteo, Morris Kessler, James Suggs
11th Cir. · 1983 · confidence medium
“If there is independent evidence of the accuracy of the tape recordings admitted at trial, we shall be extremely reluctant to disturb the trial court’s decision even though at the time that decision was made the government had not carried its particularized burden of going forward.” United States v. Biggins, 551 F.2d 64, 67 (5th Cir.1977).
discussed Cited as authority (rule) United States v. Igor Antonio Sandoval
D.C. Cir. · 1983 · confidence medium
The defendant argues that because tape recordings are peculiarly susceptible to undetectable adulteration and sometimes even indeliberate alteration, see, e.g., United States v. Biggins, 551 F.2d 64, 66 (5th Cir.1977); United States v. Gigante, 538 F.2d 502, 505 (2d Cir.1976); United States v. Starks, 515 F.2d 112, 121 (3d Cir.1975), aff’d after remand on other grounds sub nom.
discussed Cited as authority (rule) United States v. Stephen Pfeiffer Brown
5th Cir. · 1982 · confidence medium
After reviewing the record, we find that the Government met its burden in authenticating the tapes and transcripts used at trial. 5 United States v. Biggins, 551 F.2d 64, 66 (5th Cir. 1977), also see United States v. Cuesta, 597 F.2d 903, 914 (5th Cir. 1979), cert. denied, 444 U.S. 964 , 100 S.Ct. 451 , 62 L.Ed.2d 377 (1979).
discussed Cited as authority (rule) United States v. David Anderton
5th Cir. · 1982 · confidence medium
Specifically, we have declined to require proof that the conversation “was made voluntarily and in good faith without any kind of inducement.” United States v. Biggins, 551 F.2d 64, 66 (5th Cir. 1977).
discussed Cited as authority (rule) United States v. Glen Sutherland, Edward Maynard and Grace Walker
5th Cir. · 1981 · confidence medium
In the first place, Sutherland argues that the government did not lay a proper foundation for its introduction of the tapes, as required by our decision in United States v. Biggins, 551 F.2d 64, 66-67 (5th Cir.1977).
cited Cited as authority (rule) United States v. Earl J. Gorel
5th Cir. · 1980 · confidence medium
United States v. Biggins, 551 F.2d 64, 66-67 (5th Cir. 1977).
discussed Cited as authority (rule) United States v. James A. Blakey and Louis A. Berry (2×)
7th Cir. · 1979 · confidence medium
U. S. v. Fuentes, 563 F.2d 527, 532 (2d Cir.), cert. denied, 434 U.S. 959 , 98 S.Ct. 491 , 54 L.Ed.2d 320 (1977); U. S. v. Biggins, 551 F.2d 64, 66 (5th Cir. 1977).
cited Cited as authority (rule) United States v. Gorel
5th Cir. · 1979 · confidence medium
United States v. Biggins, 551 F.2d 64, 66-67 (5th Cir. 1977).
discussed Cited as authority (rule) United States v. Cuesta
unknown court · 1979 · confidence medium
While this 'Court has rejected the adoption of “any formulistic standard to guide the admissibility of tapes and transcripts,” United States v. Greenfield, 574 F.2d 305, 307 (5th Cir. 1978), we have noted that the party seeking introduction of a sound recording into evidence must “go forward with respect to the competency of the operator, the fidelity of the recording equipment, the absence of material deletions, additions, or alterations in the relevant portions of the recording, and the identification of the relevant speakers.” United States v. Biggins, 551 F.2d 64, 66 (5th Cir. 1977…
discussed Cited as authority (rule) United States v. Clements (2×)
5th Cir. · 1979 · confidence medium
United States v. Biggins, 551 F.2d 64, 66 (5th Cir. 1977). 48 Contrary to defendant's argument, the criteria established by the Eighth Circuit in United States v. McMillan, 508 F.2d 101 (8th Cir. 1974), Cert. denied, 421 U.S. 916 , 95 S.Ct. 1577 , 43 L.Ed.2d 782 (1975), Cited in United States v. Onori, 535 F.2d 938, 947-948 (5th Cir. 1976), for the admission of recordings made by agents with the consent of an informant/participant do not apply where telephone conversations are monitored pursuant to court order, are voluntary and are not elicited by the Government.
discussed Cited as authority (rule) United States v. Clements (2×)
5th Cir. · 1979 · confidence medium
United States v. Biggins, 551 F.2d 64, 66 (5th Cir. 1977).
discussed Cited as authority (rule) United States v. David S. King, United States of America v. Stanley E. Deal, M. D. (2×)
9th Cir. · 1978 · confidence medium
If there is independent evidence of the accuracy of the tape recordings admitted at trial, we shall be extremely reluctant to disturb the trial court's decision even though at the time that decision was made the government had not carried its particularized burden of going forward. 24 Id. at 66-67 (footnotes omitted). 25 Noticeably, the court in Biggins omitted the voluntariness requirement in restating the McKeever formulation.
cited Cited "see" United States v. James Franklin Broomfield, Jr.
11th Cir. · 2014 · signal: see · confidence high
See id. at 67 .
discussed Cited "see" United States v. Eric Duncan
11th Cir. · 2006 · signal: see · confidence high
See Biggins, 551 F.2d at 66 . *467 However, Agent Timothy Durst, who was familiar with Duncan’s voice based on his interviews with Duncan during the investigation, identified Duncan’s voice on the tape recordings and verified the calls were placed to Duncan’s wife’s number while Duncan was in jail.
cited Cited "see" United States v. Segura
5th Cir. · 2005 · signal: see · confidence high
See United States v. Stone, 960 F.2d 426, 436 (5th Cir.1992) (citing United States v. Biggins, 551 F.2d 64, 66 (5th Cir.1977)).
cited Cited "see" United States v. Green
5th Cir. · 2003 · signal: see · confidence high
See United States v. Biggins, 551 F.2d 64, 66 (5th Cir.1977); United States v. Stone, 960 F.2d 426, 436 (5th Cir.1992).
cited Cited "see" Hill v. City of Houston
5th Cir. · 2000 · signal: see · confidence high
See United States v. Biggins, 551 F.2d 64 (5th Cir.1977); FED.
cited Cited "see" Hill v. City of Houston
5th Cir. · 2000 · signal: see · confidence high
See United States v. Biggins, 551 F.2d 64 (5th Cir.1977); FED.
UNITED STATES of America, Plaintiff-Appellee,
v.
Ulysses BIGGINS, A/K/A Jake Frazier, Defendant-Appellant
76-1857.
Court of Appeals for the Fifth Circuit.
Apr 22, 1977.
551 F.2d 64
James W. Matthews, Miami, Fla. (Court-appointed), for defendant-appellant., Robert W. Rust, U.S. Atty., Don R. Boswell, Asst. U.S. Atty., Miami, Fla., for plaintiff-appellee.
Goldberg, Simpson, Fay.
Cited by 88 opinions  |  Published
GOLDBERG, Circuit Judge:

Ulysses Biggins appeals from his conviction for possessing and distributing heroin in violation of 21 U.S.C. § 841(a)(1). After a brief jury trial, Biggins was given concurrent three year sentences. Two issues are raised on appeal. First, Biggins argues that the prosecution established an insufficient foundation for the introduction into evidence of a tape recording and a re-recording of a conversation incriminating him. Second, Biggins argues that it was error for the trial court to admit evidence of an offense with which the appellant was not charged. We affirm.

I. Facts

Clarence Lydes was a confidential informant for the Drug Enforcement Administration. Lydes met Biggins at a bar and discussed with him the possibility of obtaining narcotics. Appellant told Lydes to contact him through Bertha Coudgo. On May 19,1975, Lydes went to Coudgo’s apartment[*66] to purchase narcotics from the appellant. The appellant told Lydes to return on the following day, when appellant would deliver the heroin. Appellant did not appear the next day. On May 30, 1975, Lydes and DEA agent Audis Wells returned to Coudgo’s apartment. The appellant there agreed to sell one ounce of heroin for $1,600 at Lydes’s apartment later that day.

Lydes’s apartment was monitored by means of electronic surveillance. From his vantage point in an apartment across the street, Agent John Anderson of the Palm Beach County Sheriff’s Department monitored and recorded the conversation that ensued within Lydes’s apartment. During the course of that conversation, the appellant sold Wells one ounce of heroin for $1,500. Shortly thereafter, Wells obtained laboratory confirmation that the substance he had purchased was heroin.

At the appellant’s trial, the government introduced the original tape recording of the conversation in Lydes’s apartment and a re-recording of the original tape, ostensibly filtered for noise.

II. Establishing a Foundation for the Admission of Sound Recordings

Admitting sound recordings into evidence at a criminal trial presents discrete dangers to which courts have been justly sensitive. In the oft-cited case of United States v. McKeever, 169 F.Supp. 426 (S.D.N.Y.1958), rev’d on other grounds, 271 F.2d 669 (2d Cir. 1959), the court established seven criteria as conditions precedent to admitting sound recordings. The Eighth Circuit has recently adopted that test in the context of electronic monitoring. United States v. McMillan, 508 F.2d 101, 104 (8th Cir. 1974), cert. denied, 421 U.S. 916, 95 S.Ct. 1577, 43 L.Ed.2d 782 (1975). [1]

Although we neither adopt nor reject that test as a whole, we think that certain of its requirements may justifiably be imposed on the party seeking to introduce sound recording evidence. The court properly admits a sound recording into evidence only when the party introducing it carries its burden of going forward with foundation evidence demonstrating that the recording as played is an accurate reproduction of relevant sounds previously audited by a witness. As a general rule, at least in the context of a criminal trial, this requires the prosecution to go forward with respect to the competency of the operator, the fidelity of the recording equipment, the absence of material deletions, additions, or alterations in the relevant portions of the recording, and the identification of the relevant speakers.

This burden properly falls to the government because it has access to such information in a way the criminal defendant does not. A defendant will often hear the tape recording for the first time in court. More so than photographs or other demonstrative evidence, sound recordings are susceptible to alterations that may be impossible to detect. It is therefore important that the defendant be alerted regarding any possible uncertainties or distortions in the recording before it is introduced as evidence against him.

Nevertheless, the trial judge has broad discretion in determining whether to allow a recording to be played before the jury. [2] The standards for foundation evi[*67] dence we adopt serve the paramount purpose of ensuring the accuracy of the recording. Strict compliance with the government’s particularized burden is the preferred method of proceeding. If the trial judge independently determines that the recording accurately reproduces the auditory evidence, however, his discretion to admit thq evidence is not to be sacrificed to a formalistic adherence to the standard we establish. If there is independent evidence of the accuracy of the tape recordings admitted at trial, we shall be extremely reluctant to disturb the trial court’s decision even though at the time that decision was made the government had not carried its particularized burden of going forward.

In the case at bar the appellant objects that the government’s foundation for the tape recordings was deficient because it failed to satisfy the McMillan test in several ways. First, appellant argues that the government failed to prove the competency of the operator. Second, the appellant contends that the government failed to establish the accuracy of the recording. Third, the appellant claims that the government’s witness failed to identify a voice on the tape as that of the appellant.

The only foundation for the admission into evidence of the original or the filtered recording is found in the testimony of John Anderson, who monitored the conversation in Lydes’s apartment. Anderson was not explicitly shown to be a competent operator of electronic monitoring equipment. We know neither that he was trained in the use of this equipment nor even whether he had ever used it before. Anderson averred only that he was “on electronic surveillance” for DEA. On the other hand, Anderson evinced some familiarity with the techniques of electronic surveillance, and it would be a reasonable inference that. he was competent to use the monitor and tape recorder. But a greater uncertainty exists. Some person whom Anderson did not know and about whose competence there is no evidence both re-recorded and filtered the original tape of the conversation. These are not sophisticated operations, to be sure, but an incompetent operator could alter the conversation, perhaps without being aware that he had done so. Nevertheless, these defects in the government’s foundation evidence are inconsequential under the circumstances of the case at bar. Because there was testimony that the re-recording was an accurate transcription of the original, the competency of the second operator is less important.

With respect to the most critical issue, the recording’s accuracy, the government’s foundation evidence is deficient in ways that, under other circumstances, might be fatal. Anderson testified that the re-recording was a “duplicate” of the original, but he did nothing to verify that the original was a faithful recording of the conversation that took place in Lydes’s apartment. This stands in sharp contrast to the care with which the authenticity of the sound recording was established in McMillan. In that case, the agent testified that he replayed the tape of a conversation between defendant and informant in the informant’s presence to verify the accuracy of the recording. See United States v. McMillan, supra, 508 F.2d at 105; see also States v. Onori, 535 F.2d 938, 946 (5th Cir. 1976).

Nevertheless, in the circumstances of this case there was sufficient evidence that the tape recording was authentic outside the foundation testimony established by Anderson. Lydes and Wells testified regarding the conversation in Lydes’s apartment. The tape recording portrayed that conversation precisely as they described it. The record thus reveals a correspondence between the agents’ accounts of the conversation and the version evidenced by the sound recording sufficiently close to lessen the importance of explicit testimony that the recording itself was accurate.

Similarly, neither Anderson nor anyone else testified that the tape has not been altered. Although no one affirmatively suggested that the tape had been altered,[*68] the party seeking to introduce such evidence has the burden of going forward. Here again, however, the government’s proffer is saved by the close correspondence between Lydes’s and Wells’s testimony regarding the conversation in Lydes’s apartment and the sound recording of that conversation.

Finally the appellant asserts that the government failed to identify Biggins’s voice on the tape. This contention is merit-less. Lydes, who participated in the conversation with defendant Biggins and thus was familiar with Biggins’s voice, clearly identified the defendant’s voice on the tape. Fed.R.Evid. 901(b)(5) makes clear that the witness’s familiarity with the voice sought to be identified, whether the familiarity developed before or after the time of the recording, is sufficient to ensure reliable voice identification. In this circuit, we have agreed that such familiarity is sufficient. See United States v. Ladd, 527 F.2d 1341 (5th Cir. 1976).

In sum, the district judge acted correctly in admitting the sound recordings into evidence in the case at bar.

III. Other Crimes

Biggins claims that the court erred when Bertha Coudgo was allowed to testify over appellant’s objection that she received cocaine from the appellant. The appellant’s objection to this use of other crimes evidence is meritless. The court promptly admonished the jury that Biggins was charged only with a heroin offense, not with a cocaine offense. The defendant relied on an entrapment defense. Consequently this evidence of a prior similar offense was relevant to show predisposition and intent. See Fed.R.Evid. 404(b). Finally, well before Coudgo’s testimony regarding Biggins’s other offense, the appellant’s counsel had himself elicited the information that appellant had previously given Lydes drugs for the latter’s personal use.

The judgment of the district court is

AFFIRMED.

1

. McKeever and McMillan establish a test whereby the party introducing sound recordings must establish the following facts:

(1) That the recording device was capable of taking the conversation now offered in evidence.
(2) That the operator of the device was competent to operate the device.
(3) That the recording is authentic and correct.
(4) That changes, additions or deletions have not been made in the recording.
(5) That the recording has been preserved in a manner that is shown to the court.
(6) That the speakers are identified.
(7) That the conversation elicited was made voluntarily and in good faith, without any kind of inducement.

See United States v. McMillan, supra, 508 F.2d at 104.

2

. Cf. United States v. Avila, 443 F.2d 792 (5th Cir.) cert. denied, 404 U.S. 944, 92 S.Ct. 295, 30 L.Ed.2d 258 (1971) (trial court did not abuse discretion by admitting partially inaudible tape[*67] recording where there was ample basis for determining that it was accurate reproduction and person who carried recording device was available for cross-examination).