United States v. James H. Smith

WEBSTER, Circuit Judge.

James H. Smith appeals from his jury conviction on one count of distribution of amphetamine, a controlled substance, in violation of 21 U.S.C. § 841(a)(1). He was fined $10,000 and sentenced to three years’ imprisonment with a three year special parole term after release. He raises numerous issues on appeal, primarily relating to his contention that he was intoxicated at the time the amphetamine transfer occurred and thus could not have formed the requisite specific intent. We affirm the judgment of conviction.

The evidence adduced at trial showed that at approximately…