United States DC Circuit

A conviction for possession with intent to distribute heroin and conspiracy to distribute and possess with intent to distribute heroin and cocaine is affirmed over claims of erroneous denial of a suppression motion, jury instruction error, and ineffective assistance of counsel. The case is remanded for resentencing due to inadequate factual findings by the district court at sentencing, and pursuant to a Booker claim.

Appellate Information

• Argued 04/18/2006
• Decided 06/13/2006
• Published 06/13/2006

Judges

• Before:  ROGERS, TATEL and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• David B. Smith, appointed by the court, argued the cause for appellant.


• For Appellees:
  
• John P. Mannarino, Assistant U.S. Attorney, argued the cause for appellee.   With him on the brief were Kenneth L. Wainstein, U.S. Attorney, and Roy W. McLeese, III, Martin D. Carpenter, and Thomas J. Tourish, Jr., Assistant U.S. Attorneys.