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U.S. v. NELSON

Nos. 92-5227, 92-5264 and 92-5317.

6 F.3d 1049 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Byron Perrymore NELSON, a/k/a Steve Stevenson, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Donald Anthony NELSON, a/k/a Chris Stevenson, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Talbert Wayne MORGAN, a/k/a Troy Edwards Townes, a/k/a Troy Edwards, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 6, 1993.

Attorney(s) appearing for the Case

Urs Roland Gsteiger, Wilson & Iseman, Winston-Salem, NC, argued, for appellant Morgan.

Walter C. Holton, Jr., Holton & Menefee, Winston-Salem, NC, argued, for appellant Donald Nelson.

David Ferris Tamer, Winston-Salem, NC, argued, for appellant Byron Nelson.

David Bernard Smith, Asst. U.S. Atty., Greensboro, NC, argued (Robert H. Edmunds, Jr., U.S. Atty., on brief), for appellee.

Before WIDENER, Circuit Judge, CHAPMAN, Senior Circuit Judge, and FABER, United States District Judge for the Southern District of West Virginia, sitting by designation.

OPINION

CHAPMAN, Senior Circuit Judge:

The three appellants and two codefendants were indicted of possession with intent to distribute crack cocaine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A) (Count 1), possession of cocaine hydrochloride with intent to manufacture crack in violation of 21 U.S.C. § 841(a)(2), and (b)(1)(A) (Count 2), and possession of three firearms during and in relation to a drug trafficking crime in violation of 18...

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