United States v. Gregory Lennick

Gregory Lennick appeals his marijuana trafficking conviction following a jury trial. 21 U.S.C. §§ 841 (a)(1), 846, & 18 U.S.C. § 2 . He argues that the district court erred in denying his motion to dismiss his indictment; that the evidence was insufficient to support his conspiracy and manufacture convictions; that the district court erred in qualifying a police officer as an expert witness; and that the jury rendered an inconsistent verdict. We affirm in part and reverse in part.

I. FACTS

On November 12, 1992, police officers executed a search warrant and discovered marijuana growing in the crawl space underneath Lennick’s house. Officers seized forty-six live and two dead marijuana plants, a notebook, a triple-beam scale, incriminating photographs, ninety-seven grams of harvested marijuana, grow lights, potting soil and various equipment used to grow and consume marijuana. A grand jury returned a three-count indictment charging Lennick with (I) conspiracy to manufacture, distribute or possess with intent to distribute; (II) manufacturing marijuana with intent to distribute in excess of fifty plants; and (III) possession of marijuana with intent to distribute. 21 U.S.C. §§ 841…