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  5. 976 F.2d 198 (1992)
 

U.S. v. HARRIOTT

Nos. 91-5793, 91-5814.

976 F.2d 198 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Andrew HARRIOTT, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Andrew HARRIOTT, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 24, 1992.

Attorney(s) appearing for the Case

William P. Robinson, Jr., Robinson, Zaleski, Lindsey & Associates, Norfolk, Va., argued, for defendant-appellant.

Laura Marie Everhart, Asst. U.S. Atty., Norfolk, Va., argued (Kenneth E. Melson, U.S. Atty., Carol M. Marx, Sp. Asst. U.S. Atty., on the brief), for plaintiff-appellee.

Before ERVIN, Chief Judge, WILKINS, Circuit Judge, and HOWARD, United States District Judge for the Eastern District of North Carolina, sitting by designation.

OPINION

ERVIN, Chief Judge:

A federal grand jury issued a three-count indictment charging Andrew Harriott with conspiracy to possess with intent to distribute cocaine base (crack), 21 U.S.C. § 846; interstate travel in the aid of racketeering, 18 U.S.C. § 1952(a)(3); and possession of crack with intent to distribute, 21 U.S.C. § 841(a)(1). At trial, a jury convicted Harriott of the first and third counts, but found him not guilty of the interstate...

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