United States v. Williams

MEMORANDUM **

DefendanWAppellant Anthony Williams appeals his conviction and sentence, after a *777 jury trial, for possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841 (a)(1) and conspiracy to possess with intent to distribute cocaine base in violation of 21 U.S.C. § 846 . Williams challenges a number of the district court’s evidentiary rulings. He also challenges the conspiracy conviction on the basis of insufficiency of the evidence. Finally, he challenges his 324-month sentence, alleging error in (a) applying a two-point enhancement for a leadership role, (b) finding career offender status, and (c) failing to submit to a jury the determination of the weight of the drugs.

We affirm the conviction for possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841 (a)(1) and the 324-month sentence, and reverse the conviction for conspiracy to possess with intent to distribute cocaine base in violation of 21 U.S.C. § 846 .

A. The District Court’s Evidentiary Rulings

1. Admission of Videotaped Testimony

We agree with Williams that the district court’s admission of the videotaped deposition of Rebecca Marion violated both his…