Conviction for drug and firearm related crimes
US v. King, 07-4885, concerned a challenge to a conviction of defendant for possession with intent to distribute controlled substances, possession of a firearm in furtherance of a drug trafficking crimes, and for being a felon in possession of a firearm.
US v. King, 07-4885, concerned a challenge to a conviction of defendant for possession with intent to distribute controlled substances, possession of a firearm in furtherance of a drug trafficking crimes, and for being a felon in possession of a firearm.
The court held that defendant has waived his duplicity challenges
because he failed to raise them prior to trial and has not even
attempted to make a showing of good cause. The court also held that
defendant's challenges to the sufficiency of the indictment fails as he
cannot possibly demonstrate plain error. Further, although a small
amount of marijuana found alone would not itself justify a finding of
distribution, the evidence in this case suffices to sustain the jury's
verdict for possession with intent to distribute cocaine, heroine, and
marijuana. Lastly, the court held that sufficient evidence also
supports defendant's conviction for use of a firearm in a drug offense.
However, the court vacated and remanded defendant's conviction and
sentence for being a felon in possession of a firearm for the district
court's in camera inspection of a witness's grand jury testimony as, the
government deprived defendant of any access to the grand jury testimony
and so prevented him from specifically proving its materiality.
Related Link:
Related Link:
- Read the Fourth Circuit's Full Decision in US v. King, 07-4885
