United States v. Michael Power

Appellant, Michael Power, appeals his convictions for conspiracy to possess with intent to distribute narcotics ( 21 U.S.C. § 846 ), for possession with intent to distribute narcotics ( 21 U.S.C. §§ 846 , 841(a)(1)), for aiding and abetting the violation of section 841(a)(1) ( 18 U.S.C. § 2 (a)), and for carrying a firearm during and in relation to a narcotics offense ( 18 U.S.C. § 924 (c)). Power was sentenced 10 years in prison followed by a five year term of supervised release for violating § 846 and § 2(a), and a consecutive five year term for violating § 924(c).

On appeal, Power contends that the district court improperly instructed the jury as to the firearm charge, that there was insufficient evidence to convict him of the conspiracy charge or the firearm charge, that the district court erred in giving him the mandatory minimum sentence under 21 U.S.C. § 841 (a)(1) as he was convicted only of aiding and abetting, and finally that the government’s exercise of a peremptory challenge does not withstand a Batson inquiry. We review each of these contentions in turn, and affirm.

Factual Background

In September 1987, a police informant, Miller, and an officer of the Santa…