United States v. Antonio Lara Solis, United States of America v. Manuel Salazar Sanchez

Manuel Salazar Sanchez and Antonio Lara Solis appeal their convictions for conspiracy to violate the drug laws of the United States and for distributing heroin. We affirm the conviction of conspiracy and reverse the conviction for distributing.

The most substantial point raised on this appeal is the difference between the indictment and the instructions to the jury on Count 4. Count 4 charged Sanchez and Solis with distributing six ounces of heroin. The instructions to the jury included an instruction on distribution and also instructions on possession of heroin — a crime not charged against either defendant. These instructions on possession were specifically given as an element in the crime of aiding and abetting. They were also given apart from the instruction on aiding and abetting in such a way that they could have applied to either defendant. Although the government contends that the instructions were appropriate in indicating an element of the crime of conspiracy to violate the drug laws, there is nothing to connect the instructions to the crime of conspiracy. The government finally contends that the instructions were merely “superfluous.” But there was evidence before the…