United States v. Vincent

20 F.3d 229 (1994) United States Court of Appeals for the Sixth Circuit 1994-03-31

criminal; jury conviction on one count charging both distribution and possession with intent to distribute marijuana, plus two firearm counts (18 U.S.C. 924(c), 922(g)(3)); defendant appeals sufficiency and Sentencing Guidelines application (result: claimant-won)

Facts

  1. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    Moreover, the government could satisfy its burden of establishing that defendant knowingly or intentionally possessed marijuana with intent to distribute it through the inferences drawn from evidence such as the quantity of the marijuana involved, United States v. Faymore, 736 F.2d 328, 333 (6th Cir.), cert. denied, 469 U.S. 868, 105 S.Ct. 213, 83 L.Ed.2d 143 (1984), the estimated street value of the marijuana, id., the purity of the marijuana, United States v. Blake, 484 F.2d 50, 58 (8th Cir.1973), cert. denied, 417 U.S. 949, 94 S.Ct. 3076, 41 L.Ed.2d 669 (1974), and other evidence which would support the inference that the marijuana was not intended to. be used for personal use.
  2. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    In satisfying its burden of establishing that defendant knowingly or intentionally possessed the marijuana with the intent to distribute it, the government introduced, through the testimony of several witnesses, evidence which inferred that the marijuana possessed by defendant was not for his personal use.
  3. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    For instance, the government introduced at trial the marked money used by the government informant to purchase marijuana from defendant on November 20, 1991.
  4. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    Moreover, government witnesses testified that in the search of defendant’s house they seized over 15 pounds of high-quality marijuana, which had a street value of over $35,000.00, hand scales suitable for weighing and measuring quantities of marijuana, growing lamps, and a book describing how to grow marijuana.
  5. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    The government also introduced defendant’s own admission that he gave the government informant a bag of marijuana and that he used to share marijuana with friends.