Evidence Insufficient to Support Meth Conviction, But Sentence For Second Conviction Affirmed

U.S. v. Bateman, 2007 WL 549386 (2/23/07)(unpub'd) - There was insufficient evidence to prove possession with intent to distribute where the defendant shared meth with another person, but possessed personal use amounts and no drug distribution paraphernalia or large amounts of cash. Evidence that the defendant distributed meth during a period of time later than that alleged in the particular indictment count in question did not prove he distributed meth during the count time period. But, the 10th affirms the sentence the defendant received for another count that was concurrent with the sentence for the overturned count.