United States v. Carothers

OPINION

FISHER, Circuit Judge:

John Wilhelm Carothers was charged with possession of methamphetamine with intent to distribute. Although Carothers essentially conceded at trial that he possessed methamphetamine at the time he was arrested, he insisted that he had no intent to distribute it. Perhaps because of Carothers’ concession, his trial centered on the contested element of the charged offense — the intent to distribute.

At Carothers’ request, the district court instructed the jury on the lesser included offense of simple possession as well as on possession with intent to distribute. The…