United States v. Michael S. Brandon, United States of America v. Melanie R. Smith

FRANK J. MURRAY, District Judge:

Michael Brandon, defendant/appellant, appeals from his conviction of one count of conspiracy to distribute cocaine (Count I) in violation of 21 U.S.C. § 846, and two substantive counts of possession with intent to distribute cocaine (Counts II and III) in violation of 21 U.S.C. § 841(a)(1). 1

Melanie Smith, defendant/appellee, was also indicted on the same three counts, and was found guilty only on the conspiracy count. The United States appeals from the allowance of the post-trial motion of acquittal of Melanie Smith on the conspiracy count. Fed.R.Crim.P. 29. 2

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