122321P.pdf   06/13/2013  United States  v.  Lawrence Johnson
   U.S. Court of Appeals Case No:  12-2321
   U.S. District Court for the Northern District of Iowa, Waterloo   
   [PUBLISHED] [Wollman, Author, with Gruender and Shepherd, Circuit Judges]
    Criminal case - Criminal law and sentencing. Evidence was sufficient to 
   support defendant's conviction for conspiracy to distribute heroin; because 
   the identity of defendant's coconspirators was not an essential element of 
   the conspiracy, the district court's failure to include their names in the 
   jury instruction was not a constructive amendment of the indictment; 
   presentation of evidence that defendant conspired with indicted and 
   unindicted coconspirators was not a constructive amendment of the indictment 
   or a variance; claim that the government charged a single conspiracy and 
   proved multiple conspiracies rejected; rejection of defendant's requests for 
   instructions on single v. multiple conspiracy and buyer-seller relationship 
   was not error; an instruction requiring proof that a detectable (as opposed 
   to measurable) amount of a controlled substance was knowingly and 
   intentionally distributed is sufficient to sustain a conviction under 21 
   U.S.C. Sec. 841(a); while the oral pronouncement of sentence is controlling, 
   when the oral pronouncement does not resolve whether sentences are 
   concurrent or consecutive, the clearly expressed intent of the sentencing 
   judge as set out in the written judgment and commitment may properly serve 
   to resolve the issue.