United States v. David Joe Massey

SEYMOUR, Circuit Judge.

David Joe Massey was convicted after a jury trial of possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1), and conspiracy to possess marijuana with intent to distribute in violation of 21 U.S.C. § 846. On appeal Massey cites as grounds for reversal: (1) impermissible comment by the Government on Massey’s post-arrest silence; (2) insufficiency of the evidence; (3) the lower court’s decision upholding the validity of two search warrants; and (4) several evidentiary rulings. For the reasons set forth below, we remand for further…