Defendant, Robert Wayne Tinker, was convicted of possession with intent to distribute a substance containing cocaine base under 21 U.S.C. § 841(a)(1) ("count 1") and unlawful possession of a .38 caliber revolver and a .22 caliber rifle under 18 U.S.C. § 922(g)(1) ("count 2"). The issues are whether: (1) count 2 of the indictment stated a valid charge against defendant; (2) the disparate treatment of...
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