U.S. v. CROSS

No. 89-9031.

916 F.2d 622 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Gerald Donald CROSS and Dwane Heaton, Jr., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

November 1, 1990.


Attorney(s) appearing for the Case

Tom Jarrard, Gainesville, Ga., for defendant-appellant Dwane Heaton, Jr.

Michael E. Neidenbach, Gainesville, Ga., for defendant-appellant Gerald Donald Cross.

Robert L. Barr, Jr., U.S. Atty., Carolyn J. Adams, Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee U.S.

Before TJOFLAT, Chief Judge, FAY and ANDERSON, Circuit Judges.


PER CURIAM:

This case presents the question of whether the quantity of marijuana involved in a conviction for conspiracy to possess with intent to distribute marijuana and possession with intent to distribute marijuana constitutes an essential element of that offense as set forth under 21 U.S.C. §§ 841(a)(1) and 846, so that the government must allege and prove quantity in order to impose sentence under 21 U.S.C...

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