United States v. Elmer Jones

Opinion for the court filed by District Judge MERHIGE.

MERHIGE, District Judge:

Appellant Jones, whose guilt of the offenses of violating 21 U.S.C. § 841(a) by possessing with intent to distribute and by distributing phenmetrogine, a controlled substance, was sufficiently proved, seeks reversal of his convictions by reason of an alleged error on the part of the trial judge arising from what may be fairly described as a unique set of circumstances.

The issue simply stated is whether a trial court, when advised by the defendant and his counsel at the conclusion of the government’s case in chief…