United States v. Terry Ann Deisch

GARWOOD, Circuit Judge:

Defendant-appellant Terry Ann Deisch (Deisch) appeals her conviction and'five year sentence for simple possession of cocaine base in violation of 21 U.S.C. § 844. Deisch asserts that the district court erred in (1) submitting the section 844 violation as a lesser included offense at all; (2) the wording of the charge on the section 844 offense; and (3) allowing the government to introduce in evidence an untimely disclosed statement. We reverse in part, affirm in part, and remand for resentencing.

Facts and Proceedings Below

On August 15, 1992, Lambert, Mississippi, Police…