United States v. Dale Roy Combs

WARDLAW, Circuit Judge:

Dale Roy Combs appeals from the district court’s judgment of conviction and sentence imposed after a jury found him guilty as charged in a two-count indictment for manufacturing and distributing more than 500 grams of a mixture or substance containing a detectable amount of methamphetamine, in violation of 21 U.S.C. § 841(a)(1). Because we conclude that the transfer of trace, unuseable amounts of methamphetamine for the purpose of disposal is insufficient to support a conviction for “distribution” under Section 841(a)(1), and that improper prosecutorial questioning and…