Merritt v. Commonwealth

UPON A REHEARING EN BANC

McCLANAHAN, Judge.

A jury convicted Glen Patrick Merritt of possession of ecstasy (MDMA), a Schedule I controlled substance, with intent to distribute, second or subsequent offense, in violation of Code § 18.2-248; transporting ecstasy into the Commonwealth, with intent to distribute, in violation of Code § 18.2-248.01; and conspiracy to possess ecstasy with intent to distribute in violation of Code § 18.2-256. The Commonwealth’s theory was that Merritt served as the “muscle” in an illegal narcotics scheme in which his role was to safeguard the transportation of a large…