United States v. Vince Joseph Brischetto

VAN OOSTERHOUT, Senior Circuit Judge.

Defendant Vince Joseph Brischetto has taken a timely appeal from his conviction by a jury on an indictment charging him with possession of 75 pounds of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and the resulting sentence of five years to be followed by a mandatory minimum two year parole.

The sole issue presented by this appeal is the denial of defendant’s requested instruction covering the included offense of possession of marijuana, in violation of 21 U.S.C. § 844. Such offense carries a substantially lower penalty than…