United States v. Epperson

WALLACE, Circuit Judge:

A jury found Warren and Claborn guilty of one count of marijuana possession with intent to distribute and aiding and abetting to do so and a second count based upon conspiracy. Epperson and Easley were found guilty only of the *515possession and aiding and abetting count.

Appellants raise two issues on this appeal : first, that the evidence was insufficient to sustain the convictions; and second, that the trial court erred in giving a jury instruction which allegedly comments improperly on the appellants’ failure to testify. We affirm as to Warren and Claborn and reverse as…