United States v. Jerry Axselle

HOLLOWAY, Circuit Judge.

Defendant-appellant Jerry Axselle was convicted on a jury verdict of conspiring to distribute a Schedule I non-narcotic controlled substance, marijuana, in violation of 21 U.S.C. Sec: 841(a)(1), 21 U.S.C. Sec. 846, and 18 U.S.C. Sec. 2. Defendant was sentenced to a term of imprisonment for three years and a special parole term of 2 years, 1 and he appeals. The issues raised on appeal require some review of the evidence.

I

Outline of the evidence

The Government’s evidence tended to show that a co-defendant, Herbert Claiborne, 2 checked into a motel in Abilene, Kansas on…