United States v. Antonio Lara Solis, United States of America v. Manuel Salazar Sanchez

NOONAN, Circuit Judge:

Manuel Salazar Sanchez and Antonio Lara Solis appeal their convictions for conspiracy to violate the drug laws of the United States and for distributing heroin. We affirm the conviction of conspiracy and reverse the conviction for distributing.

The most substantial point raised on this appeal is the difference between the indictment and the instructions to the jury on Count 4. Count 4 charged Sanchez and Solis with distributing six ounces of heroin. The instructions to the jury included an instruction on distribution and also instructions on possession of heroin — a crime…