United States v. Avery

EBEL, Circuit Judge.

On March 7, 2000, a federal grand jury issued an eight-count indictment against Defendant-Appellant Jonathan Avery. Count 1 charged Mr. Avery with possessing with the intent to distribute a “mixture or substance” containing thirteen grams of cocaine base, in violation of 21 U.S.C. § 841(a)(1). Count 2 indicted Mr. Avery for possessing with the intent to distribute approximately twenty grams of mixture or substance containing cocaine, in violation of 21 U.S.C. § 841(a)(1), and Count 3 alleged that Mr. Avery possessed with the intent to distribute approximately four grams of…