United States v. Leon Clifford Foster

MARSH, District Judge:

On November 7, 1994, the United States Supreme Court vacated and remanded this case for further consideration in light of United States v. Shabani, — U.S. -, 115 S.Ct. 382, 130 L.Ed.2d 225 (1994). In Shaba-ni, the Court held that this court erroneously required proof of an overt act in order to sustain a drug conspiracy conviction under 21 U.S.C. § 846. Because our opinion of October 16, 1992 reversed and remanded defendant-appellant’s conviction based upon the trial court’s failure to instruct on the overt act element of a charge under § 846, our decision clearly can no…