United States v. Burch, Larry D.

WALD, Circuit Judge:

On December 6, 1995, a jury convicted Larry Burch (“Burch”) of possession with intent to distribute more than 50 grams of cocaine base in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(l)(A)(iii) (1994), while acquitting him on a charge of‘conspiracy to distribute and to possess with intent' to dis 1 tribute cocaine base in violation of 21 U.S.C. § 846 (1994). While the defendant’s direct appeal was pending, he petitioned for a writ of habeas corpus under 28 U.S.C. § 2255 (1996), alleging both ineffective assistance of counsel and prosecutorial misconduct. The district…