United States v. Dale Roy Combs

Dale Roy Combs appeals from the district court’s judgment of conviction and sentence imposed after a jury found him guilty as charged in a two-count indictment for manufacturing and distributing more than 500 grams of a mixture or substance containing a detectable amount of methamphetamine, in violation of 21 U.S.C. § 841 (a)(1). Because we conclude that the transfer of trace, unuseable amounts of methamphetamine for the purpose of disposal is insufficient to support a conviction for “distribution” under Section 841(a)(1), and that improper prosecutorial questioning and vouching prejudiced Combs’s right to a fair trial, we reverse, vacate, and remand for a new trial on solely the manufacturing count.

I

Background

Combs owned an automotive machine shop occupying Bay 22 in an industrial compound in Lancaster, California. In late 1998, his brother, David, a worker at the shop, was arrested, convicted, and imprisoned for manufacturing methamphetamine. Earl Floyd performed odd jobs for Combs. In May 2000, Floyd was arrested for possession of crack cocaine. Angered because Combs refused to post bail for him, and in exchange for release on his own recognizance, Floyd offered to inform…