United States v. Soler
criminal; jury convictions for distribution of heroin, death resulting (count 1), possession with intent to distribute (count 3) and § 846 conspiracy (count 5), plus two § 860 schoolyard counts; defendant argues § 841(b)(1)(C) requires that death be reasonably foreseeable and that the conspiracy evidence was insufficient; §§ 841/846 convictions affirmed, § 860 convictions reversed (result: claimant-won)
Facts
- 5 Controlled substance (21 U.S.C. §§ 802(6), 812 Schedules I-V) or counterfeit substance (§ 841(a)(2)) satisfied proved
As matters turned out, the bags contained heroin, not cocaine.
- 8 Death or serious bodily injury results from the use of such substance (§ 841(b)(1)(A)-(C) 20-year mandatory minimum) satisfied law
Despite having consumed between ten and twenty beers apiece, the other three drove to Holyoke in search of cocaine.
- 8 Death or serious bodily injury results from the use of such substance (§ 841(b)(1)(A)-(C) 20-year mandatory minimum) satisfied law
The men drove to Thompson’s apartment in Chicopee, where all three proceeded to snort heroin until they collapsed.
- 8 Death or serious bodily injury results from the use of such substance (§ 841(b)(1)(A)-(C) 20-year mandatory minimum) satisfied law
The paramedics rushed all three men to the hospital and, soon thereafter, Thompson was pronounced dead.
- 8 Death or serious bodily injury results from the use of such substance (§ 841(b)(1)(A)-(C) 20-year mandatory minimum) satisfied law
By its terms, the statute of conviction applies whenever “death ... results” from the use of drugs supplied by the defendant. 21 U.S.C. § 841(b)(1)(C). The fact that the statute does not speak to the defendant’s state of mind undercuts the appellant’s argument that we should impose some kind of foreseeability test.
- 8 Death or serious bodily injury results from the use of such substance (§ 841(b)(1)(A)-(C) 20-year mandatory minimum) satisfied law
Thus, when a defendant deals drugs and a user of those drugs dies as a result, section 841(b)(1)(C) apples without any independent proof that the death was a reasonably foreseeable event. Because the lower court correctly apprehended this point, we affirm the appellant’s conviction on count 1.
- 9 Recidivist enhancement for prior conviction for a serious drug felony or serious violent felony (§ 841(b)(1), 21 U.S.C. § 851) satisfied conceded
The court sentences were enhanced because the government, pursuant to 21 U.S.C. § 851, appropriately brought to the court’s attention the appellant’s previous convictions for unrelated drug-trafficking felonies.
- 12 Drug conspiracy route under 21 U.S.C. § 846 (cross-statute) satisfied proved
To prove the existence of a conspiracy under 21 U.S.C. § 846, “the government must present clear evidence sufficient to show beyond a reasonable doubt that an agreement to commit the substantive offense actually existed, and that the individual defendant knew of the agreement, had intent to agree, and had intent to commit the substantive offense.”
- 12 Drug conspiracy route under 21 U.S.C. § 846 (cross-statute) satisfied proved
The two alleged coconspirators were operating out of the same “store” and selling identically marked bags from the same inventory.
- 12 Drug conspiracy route under 21 U.S.C. § 846 (cross-statute) satisfied proved
Both of them were in the apartment at the time of the police raid — and both attempted to flee.
- 12 Drug conspiracy route under 21 U.S.C. § 846 (cross-statute) satisfied proved
Finally, and perhaps most damagingly, the $20 bills tendered to the pregnant woman and to the appellant, respectively, were found commingled in a pile of cash stored with the drugs.
- 12 Drug conspiracy route under 21 U.S.C. § 846 (cross-statute) satisfied proved
We think that a rational jury easily could conclude — as this jury did— that these activities came within the scope of a tacit agreement between the two co-conspirators.