A federal appeals court has ruled that a conviction for intent to distribute 1,000 grams or more of heroin must be based on evidence that a defendant possessed or distributed that quantity of the drug at a single time, and cannot be based on the sum of several smaller possessions and distributions during the indictment period.
In a precedential April 2 decision, the U.S. Court of Appeals for the Third Circuit vacated defendant Anthony Rowe’s conviction and sentence, citing a lack of evidence, and instead instructed the district court to enter a judgment of conviction for distribution and possession with intent to distribute 100 grams or more of heroin. The appeals court also called for a new sentence based on that conviction.
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