/f3d/921/0951-01

United States Court of Appeals for the Tenth Circuit · 2019-04-22

Original case on neochart.com

Case and law context

21 U.S.C. § 846

Role: applied; posture: Double-jeopardy appeal addressing whether separate drug agreements formed one conspiracy; result: claimant-won; claim:

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopeVariantExact source quotations
/f3d/921/0951-01 — United States Court of Appeals for the Tenth Circuit · 2019Agreement of two or more persons to the unlawful objectnot
Excluded from merits counts
applied / procedural

basis: law; party: defendant Leal; theory: identity of successive conspiracies; subject: party=defendant Leal; theory=identity of successive conspiracies

The court rejects the proposed inference that two prosecuted deals were the same conspiracy for double-jeopardy purposes. It does not find either prosecution lacks all agreement or that Leal acted only with an informant.
double-jeopardy/separate-deals-linked-by-informant
Here, there is no evidence that (1) Ms. Tapia or Mr. Carmona were "major buyers," (2) they obtained their drugs from the same supplier, or (3) Mr. Leal was a supplier to either of them.
Source: docroot/ir/caselaw/f3d_921.jsonl#/f3d/921/0951-01; Unicode character offsets [19598:19783] (end exclusive); SHA-256 9548ccac58b96b23f4639dd698eb70e092ffa90878ae6553b9b59f22ede5657e.

Evidence kind: fact; polarity: cuts-against; absent flag: 1; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

This hardly supports an inference that they pursued a shared common objective or that the Tapia deal "[was] necessary or advantageous to the success" of the conspirators in the Carmona deal.
Source: docroot/ir/caselaw/f3d_921.jsonl#/f3d/921/0951-01; Unicode character offsets [19856:20046] (end exclusive); SHA-256 9548ccac58b96b23f4639dd698eb70e092ffa90878ae6553b9b59f22ede5657e.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/f3d/921/0951-01 — United States Court of Appeals for the Tenth Circuit · 2019Knowing and voluntary participation in the agreementnot_reached
Excluded from merits counts
applied / procedural

Procedural conspiracy-identity ruling; not a fresh merits sufficiency instance.
Unspecified variant
Although two or more people must agree to form a conspiracy, an informant cannot count toward that requirement: "[T]here can be no indictable conspiracy involving only the defendant and government agents or informers."
Source: docroot/ir/caselaw/f3d_921.jsonl#/f3d/921/0951-01; Unicode character offsets [9860:10078] (end exclusive); SHA-256 9548ccac58b96b23f4639dd698eb70e092ffa90878ae6553b9b59f22ede5657e.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 1 (1 = tagged; 0 = not tagged)

Court interpretations recorded from this case

interpretation

Although two or more people must agree to form a conspiracy, an informant cannot count toward that requirement: "[T]here can be no indictable conspiracy involving only the defendant and government agents or informers."

/f3d/921/0951-01 — United States Court of Appeals for the Tenth Circuit · 2019

Although two or more people must agree to form a conspiracy, an informant cannot count toward that requirement: "[T]here can be no indictable conspiracy involving only the defendant and government agents or informers."
Source: docroot/ir/caselaw/f3d_921.jsonl#/f3d/921/0951-01; Unicode character offsets [9860:10078] (end exclusive); SHA-256 9548ccac58b96b23f4639dd698eb70e092ffa90878ae6553b9b59f22ede5657e.

Joining an actual common unlawful undertaking requires more than dealing solely with an informant or knowing other offenders Leal applies the Tenth Circuit interdependence formulation: participants must advance a shared criminal objective. Separate agreements linked only through an informant were not one conspiracy. Other circuits express the common-objective rule through agreement/joinder; this constraint does not nationalize the Tenth Circuit's four-item instructions.