U.S. v. Jackson

Record contained sufficient evidence to support defendant’s conviction on charge of distributing more than 28 grams of crack cocaine, even though defendant argued that evidence showed existence of two separate drug sales with defendant, neither of which totaled 28 grams. Record showed that confidential informant made agreement with defendant to purchase 35 grams of crack cocaine in two installments of 28 grams and 7 grams, and that although first purchase of drugs weighed only 24.92 grams, defendant procured another quantity of drugs involving over 6 grams on same day under circumstance where third party stayed with confidential informant while defendant procured second quantity of drugs. Dist. Ct. properly instructed jury that govt. must prove that defendant knowingly distributed crack cocaine, and that defendant knew that crack cocaine was controlled substance. Defendant conceded both elements on appeal, and jury could properly find that quantity of cocaine base involved in charged offense was over 28 grams, where no one questioned that defendant passed 31 grams to confidential informant on same day. Ct. also rejected defendant’s argument that govt. was required to request lesser included offense instructions, where there was question as to drug quantity that was actually distributed.