United States v. Skipper
Court of Appeals for the Fifth Circuit
1Opinion of the Court
DUHÉ, Circuit Judge:
John Derrick Skipper appeals his conviction for possession of crack cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). Finding insufficient evidence to support the jury’s verdict, we reverse, vacate the sentence and remand for sentencing on the lesser included offense of simple possession.
BACKGROUND
While patrolling Interstate Highway 10, Deputy Sheriff Todd Richards and criminal justice student Benny Soileau observed a Nissan automobile changing lanes erratically. Officer Richards closed on the Nissan and activated the lights of his patrol car. As…
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