United States v. Daryn Purvis

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Appellant Daryn Purvis was convicted after a jury trial of one count of possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) (1988). Purvis raises several claims in this appeal, including a challenge to the district court’s reasonable doubt jury instruction, which equated certainty “beyond a reasonable doubt” with “strong belief.” The government concedes that we have previously held that a “strong belief1’ reasonable doubt instruction is constitutionally deficient, but argues that appellant…