United States Fourth Circuit

Conviction of defendant for possession with intent to distribute controlled substances, possession of a firearm in furtherance of a drug trafficking crimes, and for being a felon in possession of a firearm, is vacated in part, affirmed in part and remanded where: 1) defendant has waived his duplicity challenges because he failed to raise them prior to trial and has not even attempted to make a showing of good cause; 2) defendant's challenges to the sufficiency of the indictment fails as he cannot possibly demonstrate plain error; 3) although a small amount of marijuana found alone would not itself justify a finding of distribution, the evidence in this case suffices to sustain the jury's verdict for possession with intent to distribute cocaine, heroine, and marijuana; 4) sufficient evidence also supports defendant's conviction for use of a firearm in a drug offense; but 5) defendant's conviction and sentence for being a felon in possession of a firearm is vacated and remanded for the district court's in camera inspection of a witness's grand jury testimony as, the government deprived defendant of any access to the grand jury testimony and so prevented him from specifically proving its materiality.

Appellate Information

• Argued 10/28/2010
• Decided 01/10/2011
• Published 01/10/2011

Judges

• MOTZ

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Jorgelina E. Araneda, Jennifer P. May- Parker