After trial on Count I of a ten-count indictment, 1 the three appellants were convicted by a jury in the district court of a conspiracy to import heroin, to distribute and possess (with intent to distribute) heroin, to use communication facilities to facilitate the importation and distribution of heroin, and to travel and use facilities in foreign commercе with intent to distribute the proceeds of a business enterprise involving heroin, all in violation of 21 U.S.C. §§ 846 and 963. Dorn was sentenced to a term of imprisonment of fourteen years, Smith was sentenced to a term of ten years, and Mancor was sentenced to a term of three years.
I
Appellants, along with Albert and Gu-drun Herrmann, 2 organized a drug ring operating between Vancouver, British Columbia in Canada and Milwaukee, Wisconsin. In June of 1972, Albert, experiencing troubles with U.S. Immigration authorities, went to Vancouver to visit his friend George W. Turner. During his visit to Vancouver, he was introduced to Dorn. Albert discussed with Dorn the possibility of his working for Dorn, reselling heroin in the Milwaukee area. It was agreed that Dorn would sell Albert 35 ounces of 50% pure heroin for $2,000 per ounce plus $1,000 fee for delivery in Milwaukee. The agreement called for each ounce of heroin to be buried in advance by one of Dorn’s couriers at specific locations in Milwaukee. Upon payment to Dorn, Albert would bе supplied with a slip of paper bearing a codified address of the burial locations. Also during his trip to Vancouver, Albert met appellants Smith and Mancor, introduced to him by either Dorn or Turner. Albert returned to Milwaukee where on June 19, 1972, he called Dorn in Vancouver. One day later Dorn arrived in Milwaukee. Also arriving in Milwaukee then (but taking separate transportation) was Smith. All three met to discuss the sale of heroin. At this meeting Dorn asked Smith in Albert’s presence if he had finished burying the heroin, and then instructed Albert to buy some small jars, some lactose, a scale, and masking tape. Dorn also gave Albert an ounce of heroin on credit. Dorn and Smith traveled to Milwaukee three other times during the summer and early fall of 1972 to bury heroin and to meet with Albert.
During the early fall, Albert became dissatisfied with the arrangement with Dorn and Smith, and later with Mancor. In September, Mancor arrived in Milwaukee as Smith’s assistant. In early October Albert went to Mоntreal to discuss alternative sources of heroin with his friend Turner. While in Montreal, Albert obtained two ounces of heroin from Turner and Turner’s associate Raymond Shepherd. The two also told Albert that they would be receiving greater supplies of heroin and would be willing to sell him up to $30,000 worth of heroin. Albert traveled to Montreal a second time in late November to complete plans with Turner and Shepherd but ultimately was unable to carry through with his design for further heroin purchases from them. This was due to a delay in the receipt of the large shipment of heroin, coupled with rumors of Shepherd’s arrest. Therefore Albert continued his association with Dorn, receiving addresses from him, *1255 sending him money from time to time, and ordering more heroin.
In December a new method of delivery was employed to cut delivery costs. Instead of making delivery in Milwaukee, delivery was to made on the west coast. Accordingly, on December 8, Gudrun flew to Seattle, Washington, where she met Dorn and Mancor and took receipt of three condoms containing heroin. For this heroin, Dorn received $5,000 from Gudrun. Gu-drun then flew back to Milwaukee and gave the heroin to her husband. On December 28, Albert flew to Vancouver and bought two more ounces of herоin from Dorn for $4,800. Soon thereafter, Albert had a falling out with Dorn over a $500 delivery fee and as a result began to look elsewhere for other sources of heroin. 3
In the spring of 1973, Albert began buying heroin from one William Peters in Vancouver. One of Albert’s regular customers at this time was Special Agent Lee who in lаte April proposed to Albert a large purchase involving a kilogram or more of heroin. In an effort to accommodate this order from Lee, Albert contacted several of his sources of supply, one of whom was Dorn. Albert inquired of Dorn about the availability of a large amount of hеroin in Vancouver. Dorn advised him that the situation was unsafe but agreed to see if anything would be available. On May 2, Albert called Dorn who informed Albert that heroin was available at $2,400 per ounce. Later in May, Albert went to Vancouver where, among other people, he met again with Dorn and discussed the availability of heroin for purchase. However, the proposed deal never materialized and within a month Albert was arrested by the authorities in Milwaukee.
At trial the Government’s case relied principally upon the testimony of Albert and his ex-wife Gudrun, substantial documentary corroboration of Albert’s аnd Dorn’s activities, 4 and tapes of telephone conversations between Dorn and Albert in April, 1973. Six issues are raised on this appeal:
(1) Whether the trial court properly admitted evidence of conspiratorial activity alleged as overt acts in the indictment but which had occurred approximately three months following an alleged termination of the conspiracy by the Government’s principal witness?
(2) Whether the trial court properly admitted under Rule 801(d)(2)(E), Federal Rules of Evidence, statements made by a conspirator to his co-conspirator wife which described the framework оf a newly formed criminal enterprise then involving Dorn and Smith?
(3) Whether the use of transcripts of certain tape-recorded telephone conversations given to the jury at trial and during its deliberations for their assistance was permissible?
(4) Whether the trial court abused its discretion in denying a motion for mistrial based upon a government witness’ single reference to an apparent previous incarceration of an appellant?
(5) Whether sufficient evidence was presented to support Mancor’s conviction of conspiracy to violate the controlled substance laws?
(6) Whether reversible error was committed by the trial court in permitting the principal government witness to describe certain collateral activities not related to the three appellants?
*1256 II
Appellants argue that the district court erred in allowing evidence of further conspiratorial activity after January 1973 on the ground that Albert terminated his participation in the conspiracy at that time. Specifically, the appellants point to Albert’s testimony where he stated that (1) in January 1973 he avoided the appellants as much as possible because he did not want to have more heroin dealings with them and (2) later that month he told Dorn that he was not going to have further dealings with him. We disagree. Albert’s remarks, coupled with his supposed lack of contact with any of the appellants for a period of three months in the winter and early spring of 1973, do not constitute the kind of strong evidence sufficient to mеet the appropriate “rigorous requirements for making out a defense of withdrawal from a conspiracy * *
United States v. Borelli,
Dorn complains that Gudrun was improperly permitted to testify to certain statements made to her husband in the summer оf 1972 which are claimed not to have been in furtherance of the conspiracy, as required by Rule 801(d)(2)(E), Federal Rules of Evidence. The purpose of the Rule is “to protect the accused against idle chatter of criminal partners as well as inadvertently misreported and deliberately fabriсated evidence.” Weinstein on Evidence, f 801(d)(2)(E)[01], pp. 801-845. The alleged hearsay comments at issue all occurred shortly after Albert’s return from Vancouver in June 1972. They essentially involved Albert’s telling his wife what was going on and who had been assigned roles in the scheme, with the idea of enlisting his wife in the criminal enterprise.
6
Conversations made by conspirators to prospective co-con
*1257
sрirators for membership purposes are acts in furtherance of the conspiracy
(United States v. Halpin,
Appellants argue that the transcripts of the tapes of two telephone conversations between Dorn and Albert should not have been allowed into the jury room during the jury’s deliberations because thе transcripts were never admitted into evidence and because the transcripts contained blatant inaccuracies'. Before any tapes were played before the jury, the court conducted a hearing outside of their presence. At that time Albert identified the parties to the сalls -as being himself and Dorn. The tapes were then played while the Court and counsel followed along with the assistance of the transcripts. Appellants Mancor and Dorn objected to the use of the transcripts by the jury on the basis of certain supposed discrepancies or inaccuracies existing between the tapes and the transcripts. The court ruled that the transcripts were sufficiently accurate to be read by the jury. The jury returned and the court gave a cautionary instruction that the transcripts were for the purpose of assisting them to better understand the conversations recorded on the tapes and if they found any conflict between the tapes and the transcripts the tapes were to control. The jury then listened to the tapes. When the tapes, along with the transcripts, were sent to the jury room, a similar instruction was given by the court. The procedure emplоyed by the district court of permitting the jury to utilize transcripts not admitted into evidence in order to assist them in understanding tape-recorded conversations, is well known and has been consistently approved. See
Fountain v. United States,
During the direct examination of Albert by the Government, Albert indirectly referred to Smith’s prior incarceration. Because of the strong likelihood of prejudice, Smith and Dorn contend that a mistrial should have been granted. We cannot agree. The statement complained of was totally inadvertent, constituted a completely non-responsive answer to a proper question, was clearly unforeseeable, and occurred as an isolated incident in the early stages of a week-long trial. Under such circumstances we cannot view thе denial of the motions for mistrial by the district court as an abuse of its discretion. See
White
v.
United States,
The remaining issues are equally without merit and can be easily resolved. Mancor contends that the evidence presented against him was insufficient to support a guilty verdict. The record, when viewed in a light most favorablе to the Government with all reasonable inferences to be drawn therefrom
(Glasser v. United States, supra),
indicates that there was ample evidence to support the verdict of guilty. Furthermore, it is the function of the jury and not a reviewing court to resolve conflicting evidence and testimony and to judge the credibility of witnesses.
United States v.
*1258
Turner,
For the foregoing reasons, the judgments of conviction are affirmed.
Notes
. The other nine courts were dropped before the appellants were extradited from Canada, because of certain terminology in our extradition treaty with Canada.
. Albert and Gudrun Herrmann were divorced before this case was brought to trial. Gudrun resumed the use of her maiden name and testified at this trial under the name of Gudrun Will. Because she and Albert Herrmann were married during the term of the conspiracy, they will be addressed as a married couple in this opinion, but their first names will be employеd to differentiate them.
. Albert’s animosity was compounded when Dorn issued an alleged telephonic death threat to Albert’s wife, while he was away from Milwaukee. At this point, as the record indicates, Albert wished to cease doing business with Dorn; however, nothing in the record indicates that Dorn himself desired to terminаte the relationship.
. Substantial documentary corroboration was introduced into evidence by the Government to account for and establish the movements of the members of this conspiracy and to corroborate and buttress the testimony given by Albert and Gudrun Herrmann, such as telephone tolls, hotel registrations, airline tickets, police reports, postal registry receipts, Western Union money-grams, etc.
. See also
United States v. Hickey,
. Within a matter of days and certainly no later than one month from the time of these conversations with Albert, Gudrun was acting as a co-conspirator. As early as June 20, 1972, she spoke directly with Dorn, Smith аnd her husband at the Riverboat Lounge in Milwaukee where heroin trafficking was discussed. (T. 319-320) Within a short time, she drove Smith around town so that he could bury heroin. On five or six separate occasions that summer, she assisted Albert in digging up heroin in Milwaukee. On July 25, 1972, she spoke with Dorn by phone in Vancouver and sent him a money-gram to British Columbia to pay for a heroin packet. She could not have been enlisted by Albert to do these things without knowing at least minimally what each conspirator’s duties were.