/f3d/934/1251-01

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Database snapshot SHA-256: b8882353247abdd6e20d4e22922c166d68ccb8e2da50e13e0162a35c316318f8. 3301 source quotations verified across this snapshot.

United States Court of Appeals for the Eleventh Circuit · 2019-08-20

Original case on neochart.com

Case and law context

21 U.S.C. § 846

Role: applied; posture: Multi-count drug prosecution; §846 appears in the indictment alongside attempt and §841 counts; result: remanded; claim:

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
Case	Element	Holding and scope	Variant	Exact source quotations
/f3d/934/1251-01 — United States Court of Appeals for the Eleventh Circuit · 2019	Agreement of two or more persons to the unlawful object	satisfied Excluded from merits counts applied / procedural basis: law; party: Hawkins; count: Count One conspiracy; subject: party=Hawkins; count=Count One conspiracy The court rejects a sufficiency challenge using all admitted evidence but vacates the conviction for improper case-agent testimony. Procedural scope excludes this retrial-permitting conclusion from final merits-instance counts.	retrial/sufficient-record-including-erroneously-admitted-testimony	Through the intercepted conversations, the agents identified Carlos Ware as Jackson's cocaine supplier, McCree and Hawkins as distributors for Ware, and others who played various roles in the operation. Source: `docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/1251-01`; Unicode character offsets [1483:1685] (end exclusive); SHA-256 `db2e2c3e97883ca3f93a047deb87d2874ce5056a50b178817a970b81e1b0ffbd`. Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged) We find no merit to Hawkins's assertions that the evidence admitted at trial was not sufficient to support his convictions because a reasonable trier of fact certainly could have found him guilty given the evidence presented. Source: `docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/1251-01`; Unicode character offsets [45809:46034] (end exclusive); SHA-256 `db2e2c3e97883ca3f93a047deb87d2874ce5056a50b178817a970b81e1b0ffbd`. Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged) But because Agent Russell's testimony-which constituted the majority of the evidence against Hawkins as to all three counts-was admitted in error, we remand for a new trial. Source: `docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/1251-01`; Unicode character offsets [46035:46208] (end exclusive); SHA-256 `db2e2c3e97883ca3f93a047deb87d2874ce5056a50b178817a970b81e1b0ffbd`. Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations recorded from this case