United States v. Robert P. Kaiser, Ernesto Acosta, Deborah Lee Schafer, David R. Remsing, and Theodore House
Opinion
Opinion
East, J.
Defendants appeal from judgments of conviction under various counts of a thirteen count indictment which charged conspiracy to distribute heroin, 21 U.S.C. § 846 , six counts of distribution of heroin, 21 U.S.C. §§ 841 (a)(1), four counts of interstate travel to promote an unlawful activity, 18 U.S.C. §§ 1952 (a)(2) and (3), and two counts of possession with intent to distribute heroin, 21 U.S.C. §§ 841 (a)(1).
Defendant House’s trial was severed pending determination of his competency to stand trial. The remaining five defendants were tried together, and at the close of the Government’s case, the District Court granted a judgment of acquittal for defendant Kaiser and an order of dismissal for defendant Acosta on their conspiracy counts. The court also entered judgments of acquittal for defendant Remsing on two distribution counts, and for defendant Kaiser on one distribution count. The jury convicted each defendant on all of the remaining counts. In his separate trial, defendant House was convicted on the conspiracy count and on each of the underlying substantive counts charged.