U.S. v. TROUT

No. 94-8404.

68 F.3d 1276 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Edwin Eugene TROUT, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 9, 1995.


Attorney(s) appearing for the Case

Thomas E. Spraley, Avondale Estates, GA, Stanley M. Baum, Bates & Baum, Atlanta, GA, for appellant.

Carolyn J. Adams, Asst. U.S. Atty., Atlanta, GA, for appellee.

Before EDMONDSON, COX and BIRCH, Circuit Judges.


PER CURIAM:

This appeal presents a circuit first-impression issue, concerning whether 21 U.S.C. § 841(b)(1) was unconstitutionally vague prior to its amendment in 1990. The district court concluded that it was not and, following the rule of lenity, resentenced the defendant-appellant under section 841(b)(1)(B)(viii). We AFFIRM.

I. BACKGROUND

Defendant-appellant Edwin Eugene Trout was convicted of conspiring to manufacture and to possess methamphetamine...

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