United States v. Earl Franklin Fluker

TUTTLE, Circuit Judge:

John B. Foster, Earl Fluker and Willard Young appeal from convictions stemming from violations of 21 U.S.C. §§ 841(a)(1), 844(a), and 846. Appellants Young and Fluker were found guilty by a jury of possession and of conspiracy to possess with intent to distribute various controlled substances, including heroin. Fluker was also convicted of possession of marijuana, a misdemeanor. Appellant Foster was acquitted of the substantive possession and conspiracy counts, but was convicted of simple possession under § 844(a). A substantial portion of the government’s case consisted…