U.S. v. FITZGERALD

No. 95-50521.

89 F.3d 218 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Billy Ray FITZGERALD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 12, 1996.


Attorney(s) appearing for the Case

Richard L. Durbin, Jr., Asst. U.S. Attorney, James H. DeAtley, Office of the United States Attorney, Austin, TX, for plaintiff-appellee.

M. Carolyn Fuentes, Office of the Federal Public Defender, San Antonio, TX, for defendant-appellant.

Before JOLLY, DUHÉ and STEWART, Circuit Judges.


DUHÉ, Circuit Judge:

Appellant, Billy Ray Fitzgerald, was convicted and sentenced for possession of over five grams of cocaine base in violation of 21 U.S.C. § 844(a). On appeal, Fitzgerald challenges both the district court's refusal to give a jury instruction on the lesser included offense of possession of a controlled substance, and the sufficiency of the indictment. Alternatively, Fitzgerald challenges the calculation of his sentence. We affirm.

...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases