United States v. Jack Sherman Steward

Jack Sherman Steward appeals from his convictions for attempting to sell methamphetamine in violation of 21 U.S.C. § 841 (a)(1) and 21 U.S.C. § 846 , and use of a firearm in relation to a drug offense, in violation of 18 U.S.C. § 924 (c). Steward also appeals his sentence. We affirm the judgment of conviction and the sentence.

Steward was convicted of attempting to sell undercover agent Bernard Zapor of the Bureau of Alcohol, Tobacco, and Firearms one-fourth of a pound of methamphetamine, a Schedule II controlled substance. See 21 U.S.C. § 812 . The government’s evidence at trial revealed that Steward and Zapor discussed a methamphetamine transaction and then met to complete the sale in the parking lot of the Fairfield Inn in Phoenix, Arizona. Officers immediately arrested Steward. They found a loaded semiautomatic handgun in the waistband of his pants. Subsequent analysis of the drugs determined that the substance Steward provided the undercover agent was not methamphetamine. Instead, it was ephedrine, a substance used in the manufacture of methamphetamine. Possession of ephedrine is illegal in certain circumstances. Additional ephedrine was found in Steward’s hotel room.

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