United States v. Nicholas Anthony Moccia

BREYER, Circuit Judge.

Defendant/appellant Nicholas Moccia was convicted of possessing two drugs— marijuana and diethylpropion — with intent to distribute. 21 U.S.C. §§ 812 (Schedule I(c)(10)), 841; 21 C.F.R. § 1308.14(e)(1) (1981). He was sentenced under the “Dangerous Special Drug Offender” statute, 21 U.S.C. § 849, to two concurrent fifteen-year terms. He attacks his conviction and sentence on several grounds. In our view, both must stand.

1. Defendant’s first claim is that the trial court erred in allowing the Government to tell the jury that he had previously been convicted in state court…