[Download] "United States v. Poole" by United States Court of Appeals for the Tenth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Poole
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 04, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
ANDERSON, District Judge Defendant Poole appeals a jury conviction for possession with intent to distribute approximately 7.8 grams of cocaine base in violation of 21 U.S.C. § 841 (a)(1) and unlawful possession of a firearm which had been shipped or transferred in interstate commerce in violation of 18 U.S.C. § 922(g)(1). Poole asserts four grounds of error on appeal. First, Poole challenges the sufficiency of the indictment, claiming that it does not allege the specific elements constituting the violation. Second, Poole argues that the trial court erred by admitting certain testimony of prior crack cocaine sales by Poole under Rule 404(b) Fed. R. Evid. Third, Poole claims that the court erred in giving instruction number three stating that the government need not prove the exact date of the crime as long as it showed that the crime occurred on or about the date charged. Finally, Poole argues that the trial court erred in imposing a sentence based on possession of the entire quantity of drugs seized since the evidence established the presence of multiple parties at the premises. I.