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U.S. v. MOORE

Nos. 1582, 1583, 1554, 1809, Dockets 91-1024, 91-1025, 91-1026, 91-1066.

968 F.2d 216 (1992)

UNITED STATES of America, Appellee-Cross-Appellant, v. William Andrew MOORE, James A. Carrington and Joseph Donahue, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 25, 1992.

As Amended July 10, 1992.

Attorney(s) appearing for the Case

Charles L. Roberts, El Paso, Tex., for defendant-appellant-cross-appellee Moore.

Thomas M. Flannery, Albany, N.Y., for defendant-appellant-cross-appellee Carrington.

Meave M. Tooher, Albany, N.Y., for defendant-appellant-cross-appellee Donahue.

Bernard J. Malone, Jr., Asst. U.S. Atty., Albany, N.Y. (Frederick J. Scullin, Jr., U.S. Atty., Northern District of New York, Barbara D. Cottrell, Asst. U.S. Atty., Albany, N.Y., of counsel), for appellee-cross-appellant.

Before WINTER, MAHONEY and ALTIMARI, Circuit Judges.

WINTER, Circuit Judge:

This appeal and cross-appeal arise out of the convictions and sentences of Joseph F. Donahue, James A. Carrington, and William A. Moore by a jury before Judge Gagliardi in the Northern District of New York. All were found guilty of conspiring to possess with intent to distribute in excess of 100 kilograms of marijuana. See 21 U.S.C. §§ 841(a)(1), 846 (1988). Defendants Donahue and Carrington were also convicted of the substantive...

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