United States v. Scott Sheldon and Mitchell Paul Solomon

TUTTLE, Circuit Judge:

Appellants appeal from their conviction on several counts of an indictment charging them with violations of narcotics laws. The indictment charged Solomon on all five counts of possession with intent to distribute, distribution, and with conspiring with Scott Sheldon to commit the substantive offenses. Sheldon was charged in two of the counts, of the conspiracy and the distribution of cocaine.

It is not dispúted that through the participation by both Solomon and Sheldon, a sale was completed by another co-defendant Leaman in the apartment of a further co-defendant Brock.…