DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
043148P.pdf 08/10/2005 USA v. Rashad Landers
U.S. Court of Appeals Case No: 04-3148
Eastern District of Arkansas
[PUBLISHED] [Murphy, Author, with Bright and Melloy, Circuit
Judges]
Criminal case - criminal law. Evidence was sufficient to support
conviction for aiding and abetting the distribution of crack; claim of
variance between indictment and proof rejected; court's response to the
jury that the name of the school as shown in the indictment was a
typographical error was not improper, as the government only had to
prove that there was a school within 1,000 feet of the place where
defendant distributed crack and not that the school had a certain name;
district court may find the existence of prior felonies for purposes of
sentencing under 21 U.S.C. Sec. 841(b). Judge Bright, concurring in part
and dissenting in part.