United States v. Potter
Jury conviction sufficiency appeal on methamphetamine conspiracy (result: claimant-won)
Facts
- 2 Agreement of two or more persons to the unlawful object satisfied proved
Ample evidence showed an agreement.
- 2 Agreement of two or more persons to the unlawful object satisfied proved
Potter purchased methamphetamine from Hogan on at least six occasions in distribution-level amounts (between 4 and 20 ounces (113 to 566 grams)).
- 3 Knowledge of the unlawful agreement and objective satisfied proved
Likewise, Potter continued his distribution efforts from jail by agreeing to front Hilliard funds to buy drugs from Hogan in exchange for a cut.
- 3 Knowledge of the unlawful agreement and objective satisfied proved
The evidence also could lead a rational jury to find § 846 's other elements-that Potter knowingly and voluntarily participated in (that is, joined) the conspiracy.
- 4 Knowing and voluntary participation in the agreement satisfied proved
Likewise, Potter continued his distribution efforts from jail by agreeing to front Hilliard funds to buy drugs from Hogan in exchange for a cut.
- 4 Knowing and voluntary participation in the agreement satisfied proved
The evidence also could lead a rational jury to find § 846 's other elements-that Potter knowingly and voluntarily participated in (that is, joined) the conspiracy.