United States v. Nur, No. 14-1817 (1st Cir. 2015)
Annotate this CaseAfter a jury trial, Defendant was convicted of possession of crack with intent to distribute. Defendant appealed, arguing that the district court committed reversible error by refusing to instruct that jury that, if it did not find Defendant guilty of intent to distribute it could still convict him of the lesser-included offense of simple possession so long as it found beyond a reasonable doubt that he was guilty of that offense. The First Circuit agreed and vacated Defendant’s sentence, holding Defendant was entitled to the requested instruction, and the district court’s failure to give the instruction was not harmless.
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