United States Fourth Circuit

Conviction on cocaine and cocaine base conspiracy, possession, and distribution charges, and life sentence are affirmed over claims that: 1) defendant's motion for judgment of acquittal should have been granted because the jury verdict on the conspiracy charge was not sufficiently supported by the evidence; 2) a new trial should have been granted; and 3) the sentence enhancement under 21 U.S.C. section 851 was unconstitutional and erroneous.

Appellate Information

• Argued 03/15/2006
• Decided 06/13/2006
• Published 06/13/2006

Judges

• Before MICHAEL, KING, and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Aaron Edmund Michel, Charlotte, North Carolina, for Appellant.  Amy Elizabeth Ray, Assistant United States Attorney, Office of the United States Attorney, Asheville, North Carolina, for Appellee.   ON BRIEF:  Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.