Mr. Milne was convicted, in separate counts, of conspiracy to possess and knowingly possessing with intent to distribute more than 100 kilograms of marijuana. He was found in possession of 11 bundles that were alleged to contain marijuana. At trial, the government presented evidence that only one bundle had been opened and sampled. No evidence of the contents of the other ten bundles was presented, nor was there any evidence that the sole bundle that was sampled was randomly selected for testing.

The issue presented for review is whether the evidence presented was sufficient to prove beyond a reasonable doubt that Mr. Milne conspired to possess and knowingly possessed with intent to distribute more than 100 kilograms of marijuana.

Whether the evidence presented was sufficient to prove beyond a reasonable doubt that Mr. Milne conspired to possess and knowingly possessed with intent to distribute more than 100 kilograms of marijuana