United States v. James Carleton Harlin

Appellant Harlin was convicted of conspiracy to distribute cocaine and possession with intent to distribute cocaine in violation of 21 U.S.C. § 841 (a)(1) and (b) and 21 U.S.C. § 846 . He was sentenced to a two-year term of confinement on each count, sentences to run concurrently. At an earlier date he was acquitted of a count charging distribution of cocaine. He appeals and our jurisdiction rests on 28 U.S.C. § 1291 .

Three issues are raised by this appeal. First, he asserts that the trial court deprived him of due process when it stated in his presence to counsel representing a co-defendant “. . . I assume you have advised her of the penalties of perjury . and that if it appears that a defendant is lying, the Court can take that into account, too.” Second, he insists that there exists insufficient evidence to sustain his conviction. And, finally, he contends that the trial court erred in denying the defendant’s Rule 35 motion to reduce his sentence because of its disparity with that received by his co-defendants.

We hold that none of these contentions is meritorious. Thus, we affirm.

I.

The Perjury Admonition.

Appellant’s conviction arose from the negotiation and…