United States v. James L. Harper

WISDOM, Circuit Judge:

James Laverne Harper was charged in a two-count indictment with the unlawful manufacture of methadone, a narcotic drug, in violation of 21 U.S.C. § 505,(and the unlawful sale of the drug not in or from the original stamped package, in violation of 26 U.S.C. § 4704(a). He pleaded not guilty and stood trial by jury. At the close of the Government's case, the court granted Harper’s motion for judgment of acquittal on Count Two. The jury then found Harper guilty as charged in Count One. The court sentenced him to serve a three-year term in an institution to be designated by…