United States v. Woodard

Before TJOFLAT, ANDERSON and COX, Circuit Judges.

On March 24, 2004, a Northern District of Georgia grand jury returned a five-count indictment against Terry Dvaughn Woodard, the appellant, and three others, Shedia Glover, Donnie Spencer, and David Thomas.*fn1 Count One charged all four defendants with violating 21 U.S.C. § 846*fn2 by conspiring to possess and distribute marijuana, a violation of 21 U.S.C. § 841(a)(1);*fn3 Count Two charged these four defendants with violating § 841(a)(1); Counts Three and Four charged Spencer and Thomas, respectively, with possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 § U.S.C. 924(c)(1)(A);*fn4 Count Five charged Woodard with the same offense. Pursuant to plea agreements with the Government, Glover pled guilty to Count One and Thomas pled to a misdemeanor drug offense.*fn5 Woodard was tried, convicted on Counts Two and Five, and sentenced to consecutive prison terms of one year and a day on Count Two and five years on Count Five.