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U.S. v. WESTMORELAND

No. 96-1217.

122 F.3d 431 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph WESTMORELAND, also known as Smoke, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 20, 1997.

Attorney(s) appearing for the Case

Alejandro Menchaca (argued), Barry Rand Elden, Chief of Appeals, Office of the United States Attorney, Criminal Appellate Division, Chicago, IL, for Plaintiff-Appellee.

Michael G. Logan, Ashman & Stein, Christopher J. Callahan (argued), Chicago, IL, for Defendant-Appellant.

Before POSNER, Chief Judge, ROVNER and EVANS, Circuit Judges,

ILANA DIAMOND ROVNER, Circuit Judge.

A jury convicted Joseph Westmoreland of conspiracy to possess with intent to distribute crack cocaine, being a felon in possession of a firearm, attempt to possess with intent to distribute marijuana, distribution of crack cocaine, and using and carrying a firearm in relation to a drug trafficking crime. Westmoreland contends that the district court erred in instructing the jury on the conspiracy count, that there was insufficient...

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