United States v. Clifton Gene Gibbons

HOLLOWAY, Circuit Judge.

This is a direct appeal by the defendant-appellant Clifton Gene Gibbons from his jury conviction on one count of a two-count indictment charging Gibbons and James Michael Hoover with conspiracy to commit offenses defined in 21 U.S.C. Sec. 841(a)(1) 1 and with possession of a controlled substance, methaqualone, with intent to distribute in violation of 21 U.S.C. Sec. 841(a)(1). Appellant Gibbons was acquitted by the jury on the conspiracy count and was convicted on the substantive count. He was sentenced to a term of five (5) years to be followed by a three (3) year…