US v. King, 07-4885

By FindLaw Staff on January 10, 2011 | Last updated on March 21, 2019

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. 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.

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