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U.S. v. APPLE

Nos. 91-5329, 91-5331.

962 F.2d 335 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Sherrie Tuggle APPLE, Defendant-Appellant, National Association of Criminal Defense Lawyers, Amicus Curiae. UNITED STATES of America, Plaintiff-Appellee, v. Stacy Nevin APPLE, a/k/a Dr. Stachel Pomme, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 21, 1992.

Attorney(s) appearing for the Case

John Kenneth Zwerling, Moffitt, Zwerling & Kemler, P.C., Alexandria, Va., argued for defendant-appellant Sherrie Apple.

Joshua R. Treem, Schulman & Treem, P.A., Baltimore, Md., argued for defendant-appellant Stacy Apple.

Christine Manuelian, Asst. U.S. Atty., Baltimore, Md., argued (Richard D. Bennett, U.S. Atty. on brief), for plaintiff-appellee.

Burton H. Shostak and Deborah J. Kerns, Moline, Ottsen, Mauze, Leggat & Shostak, St. Louis, Mo., on brief, for amicus curiae.

Before WIDENER, PHILLIPS, and MURNAGHAN, Circuit Judges.

OPINION

PHILLIPS, Circuit Judge:

Sherrie and Stacy Apple were convicted of multiple felony narcotics counts, including conspiracy to possess with intent to distribute five kilograms of cocaine.1 In an earlier appeal from the convictions, we affirmed Stacy's conviction, vacated Sherrie's conviction, remanded to the district court for further proceedings to determine whether illegal electronic...

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