United States Fourth Circuit

Conviction of distribution of crack cocaine as well as firearms offenses is affirmed over claims that: 1) there was a variance between the proof offered at trial and the charges contained in the indictment regarding distribution of cocaine; 2) the trial judge erred by failing to instruct the jury that they were required to make a specific finding that defendant distributed crack cocaine as opposed to some other form of cocaine base; 3) the trial judge erred by refusing to instruct on the defense of entrapment; and 4) defendant was the victim of sentencing entrapment.

Appellate Information

• Argued 03/17/2006
• Decided 09/05/2006
• Published 09/05/2006

Judges

• Before WIDENER and TRAXLER, Circuit Judges, and CAMERON McGOWAN CURRIE, United States District Judge for the District of South Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Anthony Douglas Martin, Greenbelt, Maryland, for Appellant.  Michael R. Pauze, Assistant United States Attorney, Office of the United States Attorney, Greenbelt, Maryland, for Appellee.   ON BRIEF:  Rod J. Rosenstein, United States Attorney, Greenbelt, Maryland, for Appellee.