United States v. Ambriz, No. 12-50839 (5th Cir. 2013)Annotate this Case
Defendant was convicted of distribution of a controlled substance. On appeal, defendant challenged the district court's denial of a lesser-included-offense instruction and the district court's admission of baggies of cocaine into evidence. The court joined its sister circuits and concluded that simple possession of a controlled substance in violation of 21 U.S.C. 844(a) was not a lesser-included offense of distribution of a controlled substance in violation of 21 U.S.C. 841(a)(1). Therefore, the district court did not err in denying defendant's request for a lesser-included offense jury instruction. Further, the district court did not abuse its discretion when it admitted the baggies into evidence where any prejudice attributable to these baggies was outweighed by their probative ability to link defendant to the DEA agent's purchase. Accordingly, the court affirmed the judgment.