United States v. Robert Earl Rush,appellant. United States of America v. Robert Earl Rush

Robert Earl Rush permitted others to manufacture methamphetamine in his garage in exchange for part of the proceeds, and supplied some of the precursor materials. A jury convicted him of conspiracy to manufacture and distribute methamphetamine, and aiding and abetting its manufacture. The district court sentenced Rush to 135 months in prison.

On appeal, Rush contends the district court committed error in allowing the Government to dismiss, on the morning of trial, a count charging him with maintaining a premises for manufacturing drugs. Rush believes the Government dismissed the lesser count…