Rose v. United States

KING, Senior Judge:

Antoine Rose, a/k/a Virgil Johnson,1 who was acquitted of distribution of phencycli-dine (PCP), challenges his conviction for simple possession of PCP 2 on the ground that, because simple possession is not a lesser-included offense of distribution, the jury should not have been instructed that it could convict him of that offense. He also contends the evidence was insufficient to support the conviction. Maurice D. Cal-loway challenges his convictions for distribution of PCP,3 one count of possession with intent to distribute PCP,4 and possession of drug paraphernalia,5 on…