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UNITED STATES v. DOE

No. 80-7131.

664 F.2d 546 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. John DOE, a/k/a Bobby Charles Underwood, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

December 28, 1981.

Attorney(s) appearing for the Case

J. Stephen Salter, Birmingham, Ala., for defendant-appellant.

Frank M. Salter, Birmingham, Ala., for plaintiff-appellee.

Before SIMPSON, RONEY, and THOMAS A. CLARK, Circuit Judges.

SIMPSON, Circuit Judge:

The defendant, Bobby Charles Underwood, was found guilty after a jury trial of the illegal distribution of cocaine.1 He appeals his conviction asserting that: the evidence was insufficient to support a conviction; the trial court erred in failing to adequately instruct the jury on the issue of identification; and the trial court erred in prescribing the custodial sentence. After a careful review of the trial court...

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