United States DC Circuit

Conviction in one trial of distributing cocaine base is affirmed, however, convictions in another trial of possession with intent to distribute cocaine base and firearms related charges are reversed as the prosecution did not prove that he constructively possessed the drugs or the guns.

Appellate Information

• Decided 12/01/2006
• Published 12/01/2006

Judges

• Before:  RANDOLPH and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• David B. Smith, appointed by the court, argued the cause and filed the briefs 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 at the time the brief was filed, and Roy W. McLeese, III, David B. Goodhand, Elana Tyrangiel, Assistant U.S. Attorneys, Thomas J. Tourish, Jr., Assistant U.S. Attorney, entered an appearance.