United States v. Premnath Birbal, Also Known as Winston, and John T. Wright

OAKES, Senior Circuit Judge:

This appeal requires us to address one of the most ancient and time-honored aspects of our criminal justice system, although perhaps one of the least susceptible to verbal formulation — the requirement of proof beyond a reasonable doubt. Premnath Birbal and John Wright appeal from judgments of conviction entered on May 23, 1994, and August 15, 1994, respectively, following a jury trial in the United States District Court for the District of Vermont (Franklin S. Billings, Jr., J.). The jury found both defendants guilty of conspiring to distribute heroin in violation…