United States v. Johnny Carter, Micheal Bearam

Judge WALLACE concurs in a separate opinion.

STRAUB, Circuit Judge.

Michael Bearam appeals from an amended judgment entered on June 8, 2005 in the United States District Court for the Eastern District of New York (Sterling Johnson, Jr., Judge) convicting him, after a jury trial, of conspiring to distribute cocaine base in violation of 21 U.S.C. §§ 841, 846, operating a business that distributed controlled substances in violation of 21 U.S.C. § 856, and distributing and possessing with intent to distribute controlled substances in violation of 21 U.S.C. § 841. Bearam was sentenced principally to…