Sunday, November 17, 2013

United States v. Rosado-Fernandez case brief

United States v. Rosado-Fernandez case brief summary
614 F.2d 50 (1980)


CASE SYNOPSIS
Appellants sought review of judgments from the United States District Court for the Southern District of Florida, which convicted them of conspiracy to possess with intent to distribute cocaine, in violation of 21 U.S.C.S. § 846, and possession with intent to distribute cocaine, in violation of 21 U.S.C.S. § 841(a)(1) and 18 U.S.C.S. § 2.

CASE FACTS
Appellants agreed to sell cocaine to an undercover agent for the Drug Enforcement Agency. Although the actual parties delivering the cocaine were not the original parties from whom delivery was contemplated, all the parties involved in the transaction were arrested and convicted of conspiracy to possess with intent to distribute cocaine and possession with intent to distribute cocaine.

DISCUSSION
  • On appeal, the court affirmed the convictions, holding that there was sufficient evidence to find that appellants were part of an illegal conspiracy and, therefore, that each member of the conspiracy was liable for the substantive acts of his coconspirators committed in furtherance of the conspiracy. 
  • The court further held that there was sufficient evidence that the cocaine was "L" cocaine, an illegal type of cocaine.

CONCLUSION
The court affirmed appellants' convictions, holding that the evidence was sufficient to show that each appellant possessed full knowledge of the conspiracy's general purpose and scope, which was sufficient to convict them of conspiracy, and each party to the conspiracy was responsible for the substantive acts committed in furtherance of the conspiracy by any of his criminal partners.

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