United States v. Thomas M. Attell

RANDALL, Circuit Judge:

On March 30, 1979, Defendant-Appellant Thomas M. Attell was indicted for conspiracy to possess cocaine with the intent to distribute, in violation of 21 U.S.C. § 846, and for possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). Following a jury trial in June 1979, Attell was convicted of possession of cocaine with intent to distribute and of conspiracy to possess cocaine, a lesser included offense of the original charge of conspiracy to possess with intent to distribute. This conviction was reversed on appeal. 1 Attell’s second trial…