United States v. Richard Deon Russell, A/K/A Richard Deon Thorn

Vacated and remanded by published opinion. Judge KING wrote the majority opinion, in which Judge WIDENER joined. Judge WILLIAMS wrote an opinion concurring in part and dissenting in part.

*617OPINION

KING, Circuit Judge:

Richard Deon Russell appeals his convictions by a jury in the Eastern District of Virginia for possession of heroin with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and for prisoner possession of heroin, in violation of 18 U.S.C. § 13 (assimilating Va.Code Ann. § 53.1-203(5)). Because we conclude that the district court erred in denying Russell’s motion for a new…