United States v. Howard Weldon Martin

Howard Weldon Martin appeals his jury-convictions for conspiring to possess more than 100 grams of methamphetamine with intent to distribute, in violation of 21 U.S.C. §§ 841 (a) and 846, and for aiding and abetting the possession of said methamphetamine with intent to distribute,- in violation of 18 U.S.C. § 2 and 21 U.S.C. § 841 (a). Martin argues duplicitous indictment, insufficiency of the evidence, and outrageous governmental conduct. We reverse both of his convictions for insufficiency of the evidence.

BACKGROUND

In late September of 1991, Linda Innis gave the DEA information about a methamphetamine operation. Innis, at the time, was incarcerated and was about to be sentenced on petty theft -charges. She hoped that giving such information would be taken into consideration by the sentencing judge. She informed Agent Scott that Howard Martin was involved in a methamphetamine operation and supplied Agent Scott with Martin’s phone number. Unknown to Agent Scott, Innis told Martin that her “friend,” Agent Garcia, the assigned undercover agent, buys pound quantities of methamphetamine and promised Martin sexual favors if he would help Garcia obtain methamphetamine.

On October…