United States v. Trout
Court of Appeals for the Eleventh Circuit
1Per curiam
This appeal presents a circuit first-impression issue, concerning whether 21 U.S.C. § 841(b)(1) was unconstitutionally vague pri- or to its amendment in 1990. The district court concluded that it was not and, following the rule of lenity, resentenced the defendant-appellant under section 841(b)(l)(B)(viii). We AFFIRM.
I. BACKGROUND
Defendant-appellant Edwin Eugene Trout was convicted of conspiring to manufacture and to possess methamphetamine in violation of 21 U.S.C. § 846, manufacturing methamphetamine in violation of 21 U.S.C. § 841, and possessing methamphetamine with intent to distribute…
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