United States v. Victor Val Neuroth

KEITH, Circuit Judge:

Defendant-appellant, Victor Neuroth, appealed his jury conviction on one count of distributing the drug LSD in violation of 21 U.S.C. § 841(a)(1). A unanimous panel below reversed the conviction, 772 F.2d 909 (5th Cir.1985), relying on United States v. Henderson, 434 F.2d 84 (6th Cir.1970), which the panel construed to prohibit an “on or about” jury instruction when the defendant has an alibi defense for a specific date, and the government’s proof points to that specific date. Although defendant raised other issues besides the propriety of the jury charge in his appeal,…