U.S. v. Willis

Record contained sufficient evidence to support jury’s guilty verdict on drug conspiracy charge, even though defendants claimed that there was fatal variance between evidence adduced at trial and language in indictment, which alleged that they conspired “with others” instead of conspiring between themselves. Instant indictment actually charged both defendants with conspiring with each other to distribute drugs, and even if indictment alleged conspiracy among at least three individuals, prosecutor could elect to establish smaller conspiracy between both defendants, since indictment would have sufficiently alerted defendants of govt.’s accusations. Also, defendants were not entitled to new trial even though they challenged fact that there was only one African-American out of 48 members of jury venire; defendants failed to show that any under-representation of African-Americans in jury pool was due to systematic exclusion of said group, and Ct. previously upheld methodology used by instant Dist. Ct. for pulling registered voters for jury duty.