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Criminal Law: Drug Distribution Resulting in Death-Identity of Fatal Drugs-Sufficiency of Evidence
Staff Report//July 3, 2024//
Criminal Law: Drug Distribution Resulting in Death-Identity of Fatal Drugs-Sufficiency of Evidence
Staff Report//July 3, 2024//
Defendant appealed his conviction for drug distribution resulting in death. Although defendant admitted that he gave fentanyl to the victim, he argued that the government failed to prove beyond a reasonable doubt that the victim died from using the specific fentanyl defendant gave him.
Where the victim died the day after purchasing fentanyl from defendant and there was no evidence that she purchased fentanyl from anyone else, as there was little opportunity for her to acquire additional drugs and testimony indicated that she did not stockpile drugs, the jury could infer that the victim died from the drugs supplied by defendant.
Judgment is affirmed.
U.S. v. Foster (MLW No. 81682/Case No. 23-1372 – 10 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Arkansas, Wilson, J.
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