United States v. Eddy

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PUBLISH

Before KELLY, ANDERSON, and TYMKOVICH, Circuit Judges.

Defendant-Appellant Wesley Keith Eddy appeals from his conviction, after a jury trial, for possession with intent to distribute marijuana (Count 1) and for distribution of marijuana (Count 2), both in violation of 21 U.S.C. § 841(a)(1), (b)(1)(D), and for possession of a firearm in furtherance of a drug trafficking crime (Count 3) in violation of 18 U.S.C. § 924(c)(1)(A)(i). Mr. Eddy was sentenced to 61 months’ imprisonment followed by five years’ supervised release. On appeal, Mr. Eddy argues that the district court committed plain error when it failed to instruct the jury that distribution of a small amount of marijuana for no remuneration constitutes simple possession under 21 U.S.C. § 841(b)(4), punishable as a misdemeanor, and that if the conviction on Count 2 is invalid, Count 3 should also be reversed because Count 2 was an alternative predicate for Count 3. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

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