United States of America, Cross-Appellant v. Lawrence Douglas Todd, Cross-Appellee

KENNEDY, Circuit Judge.

Defendant Lawrence Todd (“defendant”) was tried on October 17, 1988, for conspiracy to distribute and to possess with intent to distribute cocaine and marijuana in violation of 21 U.S.C. § 846. This proceeding, however, resulted in a mistrial. In a second trial, a jury found defendant guilty. The District Court departed downward from the federal sentencing guidelines when it sentenced defendant. Both parties appeal.

Defendant raises five issues on appeal. First, defendant argues that the District Court in the second trial failed to follow the law of the case by admitting…