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Crack Cocaine Distribution Conviction Affirmed In Part And Vacated In Part

By FindLaw Staff on July 26, 2010 10:23 AM

In US v. Battle, No. 08-3060, the court of appeals affirmed in part defendant's convictions for distributing crack cocaine, holding that the evidence was sufficient to show that defendant made the charged sales.  However, the court vacated in part, on the ground that convictions on separate counts of distributing crack cocaine and of distributing the same drugs within 1000 feet of a school merge.

As the court wrote:  "Michael Anthony Battle raises three challenges to his convictions for distributing crack cocaine. He contends that the district court erred in finding him competent to stand trial, that there was insufficient evidence to support the jury's verdict that the drugs he sold were crack, and that there was insufficient evidence that the sale took place within 1000 feet of a school. We reject all three contentions. We agree with both parties, however, that Battle's convictions on separate counts of distributing crack cocaine and of distributing the same drugs within 1000 feet of a school merge. We therefore remand for the district court to vacate the judgment on the former count."

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