United States v. James Wayne McGeshick

James Wayne McGeshick appeals his conviction for distributing cocaine in violation of 21 U.S.C. §§ 841 (a) and 859. He entered a conditional plea of guilty reserving the right to appeal the district court’s decision to give an instruction requiring the Government to prove that a “detectable” amount of cocaine was delivered, rather than McGeshick’s requested instruction requiring the Government to prove that a “measurable” amount of cocaine was delivered. The sole issue presented is whether the district court erred in refusing to issue MeGeshick’s requested jury instruction. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I.

On February 15, 1993, McGeshick allegedly distributed a controlled substance to a minor near Fort Peck Indian Reservation, Montana, in violation of 21 U.S.C. § 841 (a) and 21 U.S.C. § 859 . A lab report on the Government’s evidence identified the substance as cocaine, but also indicated “[n]o sample weight obtainable.”

Before trial, the district court held a conference to resolve a dispute regarding the parties’ proposed jury instructions. McGesh-iek’s requested jury instruction provided:

McGeshick apparently based his instruction on Ninth…