United States v. Rosado-Fernandez case brief summary
614 F.2d 50 (1980)
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
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.
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. Recommended Supplements for Criminal Law
I have often tried to make the cases available as links in case you are a student without a textbook.
All the information on this site is constantly updated and edited. Furthermore, if you have any outlines you want to share, so that others, free of charge, may benefit, please send those to be posted here. Likewise, if you have case briefs you would like to share, please send them to [email protected].
Please keep in mind that this site makes no warranties as to the accuracy of the cases listed here or the current status of law. These cases are derived from class notes and laws change over time. If you have any questions about these materials, or any other legal questions, you should consult an attorney who is a member of the bar of the state you reside in.