U.S. v. McCARTER

No. 01-21203.

316 F.3d 536 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Stevon Todd McCARTER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 26, 2002.


Attorney(s) appearing for the Case

Kathlyn Giannaula Snyder (argued), James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S.

Randy Schaffer (argued), The Schaffer Firm, Houston, TX, for McCarter.

Before HIGGINBOTHAM, DUHÉ and DeMOSS, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Stevon Todd McCarter appeals his conviction for conspiracy to possess and possession with intent to distribute more than five kilograms of cocaine. He argues that the district court abused its discretion in refusing to sever his felon-in-possession of ammunition charge from the drug counts, in admitting evidence of an extraneous offense, and in not instructing the jury that, to convict McCarter, it had to find that he knew that...

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