Alberto v. Dupont v. United States

CONTIE, Circuit Judge.

Alberto DuPont appeals the district court’s dismissal of his habeas corpus petition. We affirm.

I

Petitioner-appellant Alberto DuPont (“DuPont”) was charged with one count of conspiring to possess with intent to distribute cocaine (in violation of 21 U.S.C. §§ 841 and 846), and one count of possessing with intent to distribute approximately two kilograms of cocaine (in violation of 21 U.S.C. § 841). On October 22, 1991, the jury found DuPont guilty of possessing the two kilograms of cocaine with intent to distribute, but was unable to reach a verdict on the conspiracy…