United States v. Smith

MEMORANDUM AND ORDER

BELOT, District Judge.

This case comes before the court on defendant Brandon J. Smith’s motion for judgment of acquittal on Count III of the indictment (Doc. 93), and defendant David E. Vernon’s motion for judgment of acquittal or, in the alternative, for a new trial (Doc. 94).

Defendants were charged, in a three-count indictment, with committing the following crimes: (1) conspiring to distribute crack cocaine in violation of 21 U.S.C. §§ 841(a) and 846; (2) possession of crack cocaine with intent to distribute in violation of 21 U.S.C. § 841(a); and (3) using or carrying a…