United States v. Michael Stephen McCormick

BARRETT, Circuit Judge.

Michael Stephen McCormick was convicted by a jury of knowingly and intentionally possessing marijuana in violation of 21 U.S.C. § 844. It was a lesser included offense within Count II of the indictment which jointly charged McCormick and one Robert Dan Sanchez with knowingly and intentionally possessing marijuana with intent to distribute same in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. Count I charged them jointly with knowing and intentional importation of marijuana in violation of 21 U.S.C. §§ 952(a), 960(a)(1) and 18 U.S.C. § 2. After his motion for a…