United States v. Alan Forest Herbst, Mark Blane Griffin and Stephen Dale McGowan Defendants

FRANK M. JOHNSON, Jr., Circuit Judge:

Facts

Appellant Alan Herbst was convicted after a non-jury trial of knowingly, intentionally and unlawfully possessing. 110.1 grams of cocaine hydrochloride with intent to distribute in violation of 21 U.S.C.A. § 841(a)(1) and 18 U.S.C.A. § 2. 1 Appellants Mark Griffin and Stephen McGowan were charged with aiding and abetting Herbst; Griffin and McGowan were also found guilty by a jury of violating 21 U.S. C.A. § 841(a)(1) and 18 U.S.C.A. § 2. Our review of the record reveals that appellants’ contentions that the district court erred by denying their motion…