United States v. Terry Dee Snider, United States of America v. Billy Gene Reneau, United States of America v. Sheri L. Able

HEANEY, Circuit Judge.

Terry D. Snider, Billy Gene Reneau, and Sheri L. Able appeal their convictions on a two-count indictment for conspiracy to possess marijuana with intent to distribute and possession of marijuana with the same intent. Because we find a prejudicial variance between the charge in the indictment and the proof offered at trial, we reverse all three conspiracy convictions. We affirm the convictions on the possession count,' however, because we find the variance did not taint the jury’s verdict on that count.

I. BACKGROUND.

On February 26,1979, Jerry Carr, Connie Carr, and David…