U.S. v. LATHAM

No. 88-1107.

874 F.2d 852 (1989)

UNITED STATES of America, Appellee, v. Frederick Charles LATHAM, Jr., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 10, 1989.


Attorney(s) appearing for the Case

Valerie Stanfill with whom Jack H. Simmons and Berman, Simmons & Goldberg, P.A., Lewiston, were on brief, for defendant, appellant.

Margaret D. McGaughey, Asst. U.S. Atty., with whom Richard S. Cohen, U.S. Atty., and Nicholas M. Gess, Asst. U.S. Atty., Portland, Me., were on brief, for appellee.

Before BOWNES and SELYA, Circuit Judges, and CAFFREY, Senior District Judge.


BOWNES, Circuit Judge.

Defendant-appellant Frederick Latham, Jr. appeals his guilty verdict stemming from cocaine related charges. He claims that: (i) his constitutional right to be present at his own trial was violated; (ii) the court's instruction regarding possession with intent to distribute cocaine was plain error; and (iii) the government failed to disclose evidence favorable to him. We reverse the conviction on the...

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