[DOWNLOAD] "United States v. Sheppard" by United States Court of Appeals Tenth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: United States v. Sheppard
- Author : United States Court of Appeals Tenth Circuit
- Release Date : January 15, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Following a jury trial, Defendant Anthony Sheppard was convicted of one count of possession with intent to distribute cocaine base, in violation of 21 U.S.C. § 841(a)(1); and one count of carrying a firearm in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924(c). At the time of trial, the district court denied Sheppards motion for judgment of acquittal on the § 924(c) count; however, the district court granted the motion eight months later. Sheppard now appeals his conviction on the possession count, contending that there was insufficient evidence to support the conviction, and also argues that the district court erred by failing to suppress evidence. The government cross-appeals the district courts grant of judgment of acquittal on the § 924(c) count. Although the district court granted Sheppards motion for judgment of acquittal on the § 924(c) count, Sheppard also argues in his appeal that there was insufficient evidence to support that conviction and that the district court erred by giving an improper jury instruction on the § 924(c) count. For the reasons that follow, we AFFIRM Sheppards conviction on the possession count and AFFIRM the district courts dismissal of Sheppards conviction on the § 924(c) count on the basis of insufficient evidence to support that conviction.