Ivan Eberhart was indicted for (1) Conspiracy to posess and distribute drugs, (2) Distribution of drugs - supplying Charles Bolden with 2 kilos on 12/15/98. The only act in furtherance of the conspiracy was the distribution of 12/15/98. Ivan Eberhart was acquitted of that charge because it was proved, beyond a shadow of a doubt, that he was 13 miles away from River Oaks, where Bolden said he received the drugs. As Bolden said in his own 2255 motion in 2003, he was scared (when caught with drugs) and when the DEA said they would not give him the mandatory minimum if he named his supplier he gave them "the first name that came to his mind - Ivan Eberhart.") The agents did no surveillance of Eberhart, because Bolden could not keep his story straight and finally admitted he lied, he was not allowed to testify - so there were no witnesses, only the DEA agents who provided Bolden's hearsay testimony, and who said that Eberhart confessed to them, but the confession was not written out or signed and one agent lost his rough notes, the other never took any. After the conviction, it was discovered that Bolden received a superseding indictment for 5 kilos, and Eberhart's name was dropped as his co-conspirator. The government admitted that Eberhart did not know the other persons who conspired with Bolden. The appellate attorney filed a motion for new trial citing the lies the AUSA told, and the judge granted it, but the government appealed it and it was overturned. The trial focused on proving the delivery - of which Ivan was acquitted; and the word "conspiracy" never came up in 500 pages of testimony - until closing statements at the end of the trial. Although he was acquitted of the 2 kilos, the only quantity stated in the indictment, the jury was given a "special verdict form" and asked to find him guilty of 5 kilos or more - amounting to 10 years in prison for a crime he did not commit - in fact there was no crime. The judge stated that he continued to feel that Ivan Eberhart did not receive a fair trial and deserves a new one.