United States Sixth Circuit

A conviction for offenses involving the sale of iodine used in the production of methamphetamine is reversed in part and remanded where: 1) defendant's conviction on two conspiracy counts suffered from an impermissible variance because in each charge there were multiple conspiracies with different participants; and 2) the district court erred by denying defendant's amended motion to strike or elect the substantive counts.

Appellate Information

• Decided 01/17/2008
• Published 01/17/2008

Judges

• Before:  MERRITT, COLE, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Paul D. Cross, Clements & Cross, Monteagle, Tennessee, for Appellant.  Gregg L. Sullivan, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.   ON BRIEF:  Paul D. Cross, Clements & Cross, Monteagle, Tennessee, for Appellant.  Perry H. Piper, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.