6 results for 'cat:"Drug Offender" AND cat:"Evidence" AND cat:"Conspiracy"'.
J. Fox finds the single proposed transaction agreed to by an undercover police officer and defendant for the sale of one ounce of methamphetamine was insufficient to convict him of conspiracy to distribute a controlled substance. The amount involved was "typical" for a single user to buy, while there was also no agreement for further sales, which proved the existence of only a "buyer-seller" relationship. Vacated.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: May 2, 2024, Case #: 2024COA46, Categories: drug Offender, evidence, conspiracy
[Consolidated]. J. Wollman finds a lower court properly convicted two defendants for conspiracy to distribute 400 grams of drug mixtures including fentanyl. The first defendant argued that the lower court abused discretion when it forced him to appear handcuffed and shackled in court. Defendant number two argued that his conviction was based on lack of evidence to support his drug offense. However, the government presented sufficient evidence in court that the first defendant was restrained for threatening prosecutors and staff during trial, and that the second defendant possessed a firearm and drugs, which was backed up by overwhelming evidence. Affirmed.
Court: 8th Circuit, Judge: Wollman, Filed On: October 6, 2023, Case #: 22-2869, Categories: drug Offender, evidence, conspiracy
J. Golemon finds that the trial court properly convicted defendant for second-degree felony possession of cocaine in an amount greater than four grams but less than 200 grams. Defendant was caught in the act of attempting to break into an officer's truck in order to steal decoy money gotten from a bank that defendant had been surveilling. The drugs were later found in his vehicle. All motions regarding evidence and testimony were properly overruled or dismissed. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: September 13, 2023, Case #: 09-21-00154-CR, Categories: drug Offender, evidence, conspiracy
J. Kelly finds a lower court properly convicted a defendant for conspiracy to distribute and possession with intent to distribute meth. The defendant argued that the lower court erred in denying his motion to suppress evidence concerning his participation in suspicious mail transactions based on a warrant that lacked relevant information. However, the although the warrant lacked certain information for probable cause, the government provided sufficient evidence in court that authorities located 31 grams of meth and cash in his residence, which was sufficient to show his intent to sell drugs. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: July 27, 2023, Case #: 22-1332, Categories: drug Offender, evidence, conspiracy
J. Higginbotham finds that the trial court properly convicted defendants -- a medical doctor and two pharmacists -- of drug-related crimes under the Controlled Substances Act for their roles in a pill-mill drug trafficking operation. All evidence supports the convictions, and the prosecution's arguments are all consistent with the evidence. Defendants fail to make showings necessary to warrant plain error reversal. The pharmacist's refusal to be represented by her retained attorney amounted to a voluntarily waiver of counsel, and she fails to show the necessary prejudice for her challenges to the denial for a continuance. Affirmed.
Court: 5th Circuit, Judge: Higginbotham , Filed On: July 25, 2023, Case #: 21-10620, Categories: drug Offender, evidence, conspiracy
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J. Clark finds that the lower court improperly convicted defendant of conspiring to facilitate a cocaine-trafficking ring because evidence established only that defendant made dealer-quantity purchases of cocaine and occasionally cooked crack cocaine for the ring's principal without connecting him to the wider ring, stash houses, or other participants. Reversed in part.
Court: New York Appellate Divisions, Judge: Clark, Filed On: July 6, 2023, Case #: 112239, Categories: drug Offender, evidence, conspiracy