United States v. Joseph F. Ruth

McWILLIAMS, Circuit Judge.

In the first count of a five-count indictment, Joseph Ruth, the appellant, and his brother, Thomas Ruth, were charged with conspiring to distribute approximately 670 grams of cocaine from May 16, 1989, until October 2, 1989, in violation of 21 U.S.C. § 846. One of the overt acts set forth in the indictment in connection with the conspiracy charge was that on May 16, 1989, Thomas Ruth distributed “to a confidential informant 447 grams of cocaine at the direction of Joseph F. Ruth.”

In a second count, Joseph Ruth, but not Thomas Ruth, was charged with engaging in a…