United States v. John M. Herbert and Thomas W. Moore

McWILLIAMS, Circuit Judge.

John Herbert and Thomas Moore were convicted of knowingly possessing marijuana with an intent to distribute in violation of 21 U.S.C. § 841(a)(1). Upon trial no witnesses were called by either defendant, and hence testimony concerning the events which gave rise to the present prosecution necessarily comes from the Government’s witnesses. At the outset we would observe that evidence .of guilt was overwhelming and that the matters here sought to be raised as grounds for reversal tend to be minuscule, when viewed in context. The background facts will only be briefly…