United States v. Donald Whoie

Opinion for the Court filed by Circuit Judge CLARENCE THOMAS.

CLARENCE THOMAS, Circuit Judge:

Donald Whoie was indicted on three counts of distributing cocaine base (crack), see 21 U.S.C. § 841(a), (b)(l)(A)(iii), (b)(l)(B)(iii), and six counts of using a telephone to facilitate his drug deals, see 21 U.S.C. § 843(b). Whoie insisted at trial that the government had entrapped him. The jury found otherwise and convicted him on all nine counts.

In this appeal, Whoie argues for the first time that the district judge committed two errors in charging the jury. Because Whoie failed to object to the…