United States Sixth Circuit

Conviction and sentence for conspiracy to distribute cocaine is affirmed over claims of error that: 1) the district court erroneously instructed the jury to determine the quantity of cocaine "involved in the conspiracy" instead of the quantity individually attributable to defendant; 2) the district court failed to charge a violation of 21 U.S.C. section 841(b)(1)(C) as a lesser-included offense; 3) the evidence was insufficient to prove defendant's participation in a conspiracy; and 4) there was a prejudicial variance between the indictment and the proof at trial.

Appellate Information

• Decided 11/24/2008
• Published 11/24/2008

Judges

Court

• United States Sixth Circuit

Counsel