United States v. William D. Davis, United States of America v. Curry James Williams

ORDER

Sept. 29, 1994.

The opinion filed on February 4, 1994, and amended on March 12, 1994, is withdrawn. The appellee’s second petition for rehearing is granted.

OPINION

Appellants William D. Davis and Curry James Williams were convicted on the following charges: (1) conspiring to distribute one-half pound of cocaine base, a Schedule II Controlled Substance under 21 U.S.C. § 812 (c), in violation of 21 U.S.C. § 846 ; and (2) distributing one-half pound of cocaine base, in violation of 21 U.S.C. § 841 (a)(1). In these consolidated appeals, Davis and Williams challenge the legality of their convictions and sentences on several grounds. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm both of their convictions. We vacate Davis’ sentence and remand to the district court for resentencing.

I.

Davis and Williams were indicted on December 18, 1991 and charged with the above-described offenses. At their joint trial, which commenced on July 6,1992, the following evidence was adduced:

In 1991, Richard McConnell, an undercover Drug Enforcement Administration (DEA) agent, instructed Hal Richardson, a longtime paid confidential informant with an…