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Drug Conspiracy

May 8, 2020

Criminal Law: Drug Conspiracy-Sufficiency of Evidence-Drug Quantity

Where a defendant challenged convictions including for drug conspiracy and money laundering charges, sufficient evidence existed to allow a jury to conclude that each element of the offenses was satisfied, and the defendant did not show error in the drug quantity finding, so the judgment is affirmed. Judgment is affirmed. U.S. v. Navarrete (MLW No. […]

May 8, 2020

Criminal Law: Drug Conspiracy -Sufficiency of Evidence

Where a defendant challenged his conviction and sentence in a methamphetamine conspiracy, sufficient evidence showed that the defendant agreed to and intended to participate in his co-conspirator’s plan to possess the drug with intent to distribute from the quantity of the drug involved, the fact that they did not use the drug and prior conduct, […]

May 8, 2020

Criminal Law: Drug Conspiracy-Plain Error Review

Where a defendant in a drug conspiracy challenged the admission of evidence, even if evidence was erroneously admitted, the errors did not have an impact on the defendant’s substantial rights as required under the plain-error review standard, and the judgment is affirmed because the evidence was sufficient to support the conviction. Judgment is affirmed. U.S. […]

May 8, 2020

Criminal Law: Drug Conspiracy-Constructive Possession-Venue

Where a defendant challenged the denial of his motion for acquittal in a drug-conspiracy case, the government proved by a preponderance of the evidence that the defendant constructively possessed methamphetamine in the Northern District of Iowa, so venue was properly established, and sufficient evidence supported all three elements of the conspiracy count, so the judgment […]

Apr 13, 2020

Criminal Law: Drug Conspiracy-Sufficiency of Evidence

Where a defendant challenged his convictions in a drug-conspiracy case, the evidence was sufficient to support the conviction for conspiracy to distribute one or more kilograms of heroin, and the government proved the amount, which was an element of the charged crime, so the judgment is affirmed. Judgment is affirmed. U.S. v. Timmons (MLW No. […]

Jan 10, 2020

Criminal Law: Drug Conspiracy-Sufficiency of Evidence-Sentencing

Where a defendant challenged his conviction in a drug-conspiracy case, the evidence was sufficient to support the three counts, and the district court did not err in calculating the offense level based on a determination that the conspiracy involved 5 or more kilograms of cocaine and that the defendant acted as a manager or supervisor, […]

Oct 14, 2019

Criminal Law: Drug Conspiracy-Within-Guidelines Sentence-Attributable Drug Quantity

Defendant appealed after he pleaded guilty to a drug-conspiracy offense, for which the district court imposed a within-guidelines sentence. On appeal, defendant argued that the district court erred in determining the drug quantity attributable to Jones, in applying guidelines enhancements, and in imposing a substantively unreasonable sentence. Where the undisputed facts established that more than [...]

Oct 7, 2019

Criminal Law: Drug Conspiracy-Admission of Evidence-Other Crimes

Where a defendant in a drug-conspiracy case, which included two counts of using a firearm resulting in death, challenged the admission of the government’s evidence of five other shootings, the district court properly admitted the evidence of four of the shootings as intrinsic to the charged offenses, and the fifth showed his intent and knowledge, […]

Jul 15, 2019

Criminal Law: Drug Conspiracy-Sufficiency of Evidence-Sentencing Enhancement

Where a defendant challenged his conviction and sentencing in a drug-conspiracy case, the defendant’s argument that the government witnesses were dishonest and self-interested failed because the determination of witness credibility was a matter for the jury, and the evidence supported a finding that the defendant knew what he was shipping, so the evidence was sufficient […]

May 13, 2019

Criminal Law: Drug Conspiracy-Drug-Courier Testimony-Willful Blindness

Where a defendant in a methamphetamine-conspiracy case challenged her convictions, arguing that she did not knowingly commit the crimes, a police officer’s expert testimony about drug trafficking did not constitute impermissible drug-courier testimony because the testimony was to establish that the defendant was aware of and assisted in her boyfriend’s drug trafficking, and the judgment [&hell[...]

Apr 8, 2019

Criminal Law: Drug Conspiracy-Sufficiency of Evidence-Jury Instructions

Where defendants challenged their convictions in a drug conspiracy, the evidence was sufficient to show defendant was a member of the conspiracy, that another defendant possessed a gun during a drug transaction and to support the convictions. The judgment is affirmed because the defendants also did not show plain error in the jury instructions. Judgment […]

Aug 22, 2018

Criminal Law : Drug Conspiracy – Prescription Monitoring Evidence –  Corroboration

U.S. v. King (MLW No. 71950/Case No. 17-1140 – 17 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.)

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