24 results for 'cat:"Drug Offender" 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
J. Ripple finds that the lower court properly convicted defendants of conspiracy to distribute illegal drugs. The government is not required to proceed to trial on all charges of the conspiracy named in the indictment, but may elect to proceed on a subset of the allegations in the indictment and prove a conspiracy smaller than the one originally alleged. Further, the court properly sentenced defendants to a substantial, though below-guidelines sentence, including firearms enhancements. Affirmed.
Court: 7th Circuit, Judge: Ripple, Filed On: April 3, 2024, Case #: 22-2060, Categories: drug Offender, Sentencing, conspiracy
J. Floyd finds the lower court improperly opted not to lower the defendant's sentence under the First Step Act. The court originally sentenced the defendant in 1996 to two concurrent terms of life imprisonment on a continuing criminal conspiracy count and a federal crack cocaine offense. The defendant is worthy of a time education because he has displayed good conduct, is unlikely to commit crimes, spent half his life in prison and other co-defendants have received sentence reductions. Vacated.
Court: 4th Circuit, Judge: Floyd, Filed On: March 20, 2024, Case #: 22-6748, Categories: drug Offender, Sentencing, conspiracy
J. Wollman finds a lower court properly denied a defendant's motion for a Franks hearing. The defendant, who pleaded guilty to one count of conspiracy to distribute meth and one count of possession of a firearm, argued that she is entitled to relief based on a unlawful search of her home, and that a Deputy used a confidential informant who may have been a drug user with a criminal history. However, the government presented sufficient evidence in court that the Deputy was not aware that the informant had previously taken her checkbook and credit cards to make purchases without permission. Affirmed.
Court: 8th Circuit, Judge: Wollman, Filed On: January 29, 2024, Case #: 23-1338, Categories: drug Offender, Search, conspiracy
J. Harris finds the lower court improperly calculated its sentencing guidelines range when sentencing the defendant to 80 years in prison. The defendant was involved in a large-scale conspiracy to transport and sell drugs – primarily methamphetamine, but also heroin, cocaine, and crack – across Ohio and West Virginia. Police seized nearly three kilograms of meth from another drug trafficker who bought from the same seller as the defendant and attributed the amount to the defendant when calculating his sentence despite no evidence of the defendant and that drug trafficker being connected. Vacated.
Court: 4th Circuit, Judge: Harris, Filed On: January 5, 2024, Case #: 21-4181, Categories: drug Offender, Sentencing, conspiracy
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J. Pryor finds that the district court properly convicted defendants of offenses including distributing methamphetamine and killing a witness. Defendants conspired to give a syringe of lethal drugs to the victim after they discovered she was cooperating with a federal investigation. Although prosecutors failed to provide the required written notice for evidence of a jail detainee's testimony that one defendant solicited him to murder a witness, the error was harmless because defendants had notice of the expected testimony well before trial. The district court did not commit any error in refusing to instruct the jury on spoliation of evidence. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: December 28, 2023, Case #: 22-11373, Categories: drug Offender, conspiracy, Witnesses
[Consolidated]. J. Benton finds a lower court properly sentenced two defendants for conspiracy to distribute 50 grams or more of meth. The co- conspirator defendants argued that their enhanced sentences are unreasonable. However, the government sufficiently showed in court that the first defendant acted as an organizer engaging in criminal activity by transporting 10 pounds of meth, and that the second female defendant sold the drugs to an undercover informant. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: December 27, 2023, Case #: 22-3333, Categories: drug Offender, Sentencing, conspiracy
J. Benton finds a lower court properly sentenced a defendant to 290 months in prison for possession with intent to distribute meth and conspiracy to posses with intent to distribute meth. The defendant drug courier argued that an undercover DEA special agent engaged in entrapment by setting up a controlled buy. However, the government sufficiently showed in court that the special agent had not persuaded him into selling the drugs. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: December 27, 2023, Case #: 23-1156, Categories: drug Offender, Sentencing, 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. Wilson finds the trial court properly convicted defendant for conspiracy to possess a controlled substance with the intent to distribute. Working as an enforcer for a sociopathic drug dealer, defendant was ejected from the drug enterprise (a former hotel) after raping an overdosing woman, caught on camera making the sign of the cross afterward. The sociopathic dealer was later arrested, and that footage was used in the case against the principles of the hotel. Defendant's conviction hinges on his knowledge of the scope of events. "Overwhelming" evidence showed that he “knew or should have known [what] was involved in the conspiracy...” He ran his own "trap room" selling cocaine base, also serving as security for the hotel and as an enforcer and bagger for the dealer. He would have been privy to each of the rooms and known what was being sold. He bagged cocaine and facilitated its distribution, and based on his involvement in the broader enterprise, his own drug dealing, and his work for others, it is certain that he knew the conspiracy involved at least 280 grams of cocaine base. Affirmed.
Court: 5th Circuit, Judge: Wilson , Filed On: September 1, 2023, Case #: 22-10460, Categories: drug Offender, conspiracy
[Consolidated.] J. Siler finds that even in light of the Supreme Court's ruling in Ruan v. U.S., the jury instructions given by the trial court in defendants' drug trafficking case were not clearly erroneous. In context, they made clear the jury was required to find defendants opened their clinics for the purpose of illegally distributing Schedule II controlled substances. The instructions might not have spelled out the "knowingly" means rea specified by the Ruan court, but the trial court made clear the jury was required to make a subjective determination as to whether defendants purposefully distributed controlled substances, which complies with the high court's standard. Affirmed.
Court: 6th Circuit, Judge: Siler, Filed On: August 29, 2023, Case #: 20-6245, Categories: drug Offender, conspiracy, Jury Instructions
[Consolidated]. J. Erickson finds a lower court properly convicted a grandmother and a co- conspirator for kidnapping her minor grandchildren. The grandmother and her co- conspirator, who were indicted for kidnapping and aiding and abetting kidnapping, argued that they were entitled to remove grandchildren from her daughter's motel room. However, the government sufficiently showed in court that their actions established kidnapping once they crossed State lines, and that authorities properly detained them after an Amber Alert traffic stop, which revealed a car full of 10 firearms, scattered ammunition, and marijuana. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: August 16, 2023, Case #: 21-3524, Categories: drug Offender, conspiracy, Kidnapping
J. Jackson-Akiwumi finds that the lower court improperly convicted defendant of conspiracy to sell heroin without instructing the jury on the difference between a drug conspiracy and a simple buyer-seller relationship. To convict on drug conspiracy charges, the state was required to show the parties engaged in a joint criminal objective of further distributing heroin to others. One sale to the defendant on credit is not enough evidence on its own to prove a conspiracy - it could just indicate he was a loyal customer. Reversed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: August 4, 2023, Case #: 21-3221, Categories: drug Offender, 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
Per curiam, the Fifth Circuit finds the trial court properly convicted defendant for conspiring to possess with the intent to distribute meth. Defendant sold drugs on several occasions to undercover DEA and DPS agents, eventually being accountable for over 281 grams of meth. He waived his Miranda rights and identified his supplier who admitted he received some of his product from a Mexican source. All evidence supports conviction and the district court properly found that the offense involved drugs imported from Mexico, correctly applying an importation enhancement. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 13, 2023, Case #: 22-10855, Categories: drug Offender, Sentencing, conspiracy
Per curiam, the Fifth Circuit finds the trial court properly convicted defendant, a border patrol officer, by guilty plea for accepting a bribe by a public official. Defendant argues that a sentencing guideline cross-reference doesn’t apply to him, being there was no conspiracy and the only drugs were sham cocaine transported by an undercover agent. This argument fails because, as an officer, defendant orchestrated a drug vehicle crossing. A two-level enhancement for an aggravating-role adjustment was improperly applied. The conviction along with the cross-reference are affirmed. The enhancement for his aggravating role is vacated and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 6, 2023, Case #: 22-40512, Categories: drug Offender, conspiracy, Bribery
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
J. Stras finds a lower court properly enhanced a defendant's prison sentence for directing a third party to use violence against a co- conspirator who sold his drugs on the outside, and then kept some of the profits. The defendant, who pleaded guilty to conspiracy to distribute 50 grams or more of meth, argued that the lower court erred in enhancing his prison term. However, the government sufficiently presented evidence in court that the defendant directed drug deals from prison, which included his co-conspirator depositing money in another inmate's prison account, and then directed a third party to shake down the co-conspirator after he failed to make good his drug debts. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: June 28, 2023, Case #: 21-3763, Categories: drug Offender, Sentencing, conspiracy
J. Traxler finds the lower court properly sentenced defendant on drug charges. The defendant, who sold prescription drugs under the guise of running a health clinic, contends that the government did not inform him before he took a plea deal that the new Supreme Court precedent from Ruan v. United States established that the government must prove beyond a reasonable doubt that the defendant knew that he or she was acting in an unauthorized manner, or intended to do so when prescribing drugs. The lower court afforded the defendant the opportunity to address the court before the court imposed sentence meaning he cannot now establish the existence of error. Affirmed.
Court: 4th Circuit, Judge: Traxler, Filed On: June 20, 2023, Case #: 22-4221, Categories: drug Offender, conspiracy, Plea
J. Loken finds a lower court properly sentenced a defendant to 120 months in prison for conspiracy to distribute 500 grams or more of cocaine. The defendant argued that the lower court erred in enhancing his sentence. However, the government sufficiently showed in court that the defendant has a prior conviction for a drug felony. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: June 16, 2023, Case #: 22-1447, Categories: drug Offender, Sentencing, conspiracy
J. Loken finds a lower court properly convicted a defendant for conspiracy to distribute heroin and 50 to 500 grams of meth. The defendant argued that his 120 month prison sentence and four years of supervised release is unreasonable, and that the lower court erred in varying upward. However, the government sufficiently showed in court that the defendant conspired with two other associates to send and accept meth via U.S. postal service's priority mail. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: June 15, 2023, Case #: 20-2002, Categories: drug Offender, Sentencing, conspiracy
[Consolidated]. J. Kobes finds a lower court properly convicted two co-defendants on charges of conspiracy to distribute meth and distribution of meth. The co-defendants argued that they should have been granted immunity for testifying against each other in court. However, the government sufficiently showed in court that it relied on testimony brought by a confidential informant, and not their testimonies against each other. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: June 14, 2023, Case #: 22-1686, Categories: drug Offender, conspiracy