United States Second Circuit

Conviction for offenses related to drug manufacturing and possession are affirmed while the district court's grant of a motion of acquittal is vacated where: 1) there was sufficient evidence to convict defendant of possessing with intent to distribute all the cocaine base located in the bedroom where he was found and; 2) the district court erred in requiring the prosecution to prove defendant used and maintained the premises for a conviction under 21 U.S.C. section 856(a)(1), and there was sufficient evidence to support the jury's guilty verdict on the charge.

Appellate Information

• Published 2016/02/08

Judges

• LYNCH

Court

• United States Second Circuit

Counsel