Holt v. United States

RUIZ, Associate Judge:

Stephen A. Holt was indicted on one count of unlawful distribution of a controlled substance (heroin) within 1,000 feet of a “drug-free” zone and one count of unlawful possession of a controlled substance (heroin) with intent to distribute (“PWID”) within 1,000 feet of a “drug-free” zone. 1 In October, 1999, a jury found Holt guilty of possession of a controlled substance, the lesser included offense of the PWID charge, but could not agree on a verdict on either the PWID count or the distribution count. Upon motion by Holt’s counsel, the trial court declared a mistrial.

In…