Murphy v. United States

TERRY, Associate Judge:

Appellant Murphy was charged by indictment with one count of distribution of hy-dromorphone (Dilaudid)1 and one count of possession of hydromorphone (Dilaudid) with intent to distribute it.2 A jury found him guilty of distribution as charged in the first count, and guilty of the lesser included offense of simple possession3 under the second count. Murphy contends on appeal that his convictions should be reversed because evidence of another drug sale was admitted at his trial during the government’s case in chief, contrary to the teaching of Drew v. United States, 118…