United States v. Guy J. Westmoreland

CUDAHY, Circuit Judge.

A jury convicted Guy Westmoreland of conspiracy to distribute a controlled substance, in violation of 21 U.S.C. § 846. Westmoreland now appeals, arguing that (1) certain hearsay statements should not have been admitted into evidence; (2) certain factual determinations made by the trial judge should instead have gone to the jury; and (3) his motion for a new trial should have been granted. We affirm Westmoreland’s conviction, but vacate his sentence.

I. BACKGROUND

A. Facts

Westmoreland operated a gas station in downtown St. Louis, Missouri. This station supplied fuel to…