United States v. Kendrick Albert Cicero, A/K/A Kenny, A/K/A Diamond, A/K/A Paul Haynes, A/K/A Albert Kenrich Cicero

Opinion for the Court filed by Circuit Judge WALD.

Opinion concurring in part and concurring in the result filed by Circuit Judge SENTELLE.

WALD, Circuit Judge:

Appellant Kendrick Cicero was convicted after a jury trial of one count of conspiring to distribute cocaine, in violation of 18 U.S.C. § 2 (1988) and 21 U.S.C. § 841(a)(1) (1988), and five counts of possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) (1988). On appeal, Cicero challenges the district court’s “on or about” jury instruction with respect to two of the five counts of possession with intent to…