United States v. Curtis Drummond

ELMO B. HUNTER, Senior District Judge.

The government appeals the decision of the district court’s order granting appel-lee’s motion pursuant to 28 U.S.C. § 2255 and ordering a new trial on charges for which a jury convicted appellee in 1982. We reverse.

I. BACKGROUND

A jury convicted appellee Curtis Drum-mond in 1982 of aiding and abetting the unlawful manufacture of marijuana and of possessing marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. The district court sentenced Drummond to five years imprisonment, all but six months of which was suspended in…