United States Sixth Circuit

A conviction for distributing, and for conspiring to distribute, crack cocaine is reversed in part and remanded as to the conspiracy conviction where: 1) the jury was not instructed properly on how it could use certain testimony regarding a prior drug transaction; and 2) such error was not harmless with respect to the conspiracy conviction.

Appellate Information

• Decided 11/13/2008
• Published 11/13/2008

Judges

• Before: GILMAN, ROGERS, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Winston Kelly Johnson, Porter, Wright, Morris & Arthur, Cincinnati, Ohio, for Appellant.  Kathleen Moro Nesi, Assistant United States Attorney, Detroit, Michigan, for Appellee.   ON BRIEF:  James B. Hadden, Porter, Wright, Morris & Arthur, Columbus, Ohio, for Appellant.   Kathleen Moro Nesi, Assistant United States Attorney, Detroit, Michigan, for Appellee.