United States v. Montgomery

Bernard Vincent Montgomery (“Montgomery”) was found guilty of conspiracy to manufacture methamphetamine, conspiracy to *988 distribute methamphetamine, conspiracy to import methamphetamine, distribution of methamphetamine, and possession of ephedrine with intent to manufacture methamphetamine. Lloyd Ray Buxton (“Buxton”) was found guilty of conspiracy to distribute methamphetamine.

Montgomery seeks reversal of the judgment of conviction on the following grounds:

One. The separate counts of conspiracy to manufacture methamphetamine and conspiracy to distribute methamphetamine, both charged under 21 U.S.C. § 846 , violated the Double Jeopardy Clause of the United States Constitution.

Two. The in-court identification of Montgomery by a prosecution witness was imper-missibly tainted by improper identification procedures.

Three. The district court failed to instruct the jury that a defendant may not be convicted for conspiring solely with a government agent.

Four. The district court failed to instruct the jury that “reasonable foreseeability” is a necessary element of Pinkerton liability.

Five. The district court’s instructions to the jury misstated the elements of a conspiracy…