United States v. Potter — 927 F.3d 446 (2019) · United States Court of Appeals for the Sixth Circuit · 2019

United States Court of Appeals for the Sixth Circuit · 2019-06-11

21usc846: author: Astra4 · not independently reviewed

Original case on neochart.com

Case and law context

21 U.S.C. § 846

Role: applied; posture: Jury conviction sufficiency appeal on methamphetamine conspiracy; result: claimant-won; claim:

Uncertainty

None recorded

Misfit

The same coordinated dealings support agreement, knowledge and intentional joinder. The sample does not infer that every repeat purchase automatically proves conspiracy.

Claimant outcome refers to the prosecuting government, not the defendant-appellant; remanded and mixed retain unresolved or split dispositions.

B · Case × element grid

Top-level elements follow claim order in panels of up to six elements. Case rows repeat across panels. Every recorded block retains its holding and basis; multiple blocks are not merged into a case-level verdict. ✓ satisfied · ✗ not satisfied · ○ not reached · · not addressed. Muted blocks are not counted. Sub-element evidence remains on case and element pages.

Elements 1–6 of 8

21 U.S.C. § 846
CaseIdentified offense in Subchapter IAgreement of two or more persons to the unlawful objectKnowledge of the unlawful agreement and objectiveKnowing and voluntary participation in the agreementWithdrawal before the applicable limitations periodIntent to commit the identified object offense
United States v. Potter — 927 F.3d 446 (2019) · United States Court of Appeals for the Sixth Circuit · 2019 (21usc846: author: Astra4 · not independently reviewed)· not addressed· not addressed· not addressed

Elements 7–8 of 8

21 U.S.C. § 846
CaseConduct beyond preparation strongly corroborating intentObject-offense penalty incorporation
United States v. Potter — 927 F.3d 446 (2019) · United States Court of Appeals for the Sixth Circuit · 2019 (21usc846: author: Astra4 · not independently reviewed)· not addressed· not addressed

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopePatternExact source quotations
United States v. Potter — 927 F.3d 446 (2019) · United States Court of Appeals for the Sixth Circuit · 2019 — satisfied · proved (21usc846: author: Astra4 · not independently reviewed)Agreement of two or more persons to the unlawful objectsatisfied
Counted merits instance
applied / merits

basis: proved; party: defendant Potter; subject: party=defendant Potter

The court affirms sufficiency of the conspiracy evidence. Repeated distribution-scale purchases plus coordination and financing support the inferred agreement/knowing joinder; a buyer-seller transaction alone is not the stated rule.
tacit/repeated-distribution-purchases
Potter purchased methamphetamine from Hogan on at least six occasions in distribution-level amounts (between 4 and 20 ounces (113 to 566 grams)).
Source: docroot/ir/caselaw/f3d_927.jsonl#/f3d/927/0446-01; Unicode character offsets [20119:20264] (end exclusive); SHA-256 e2f6057ca05dfd945ac518e7765b2298d106e72992747e73d9d97250674a44c2.

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

Ample evidence showed an agreement.
Source: docroot/ir/caselaw/f3d_927.jsonl#/f3d/927/0446-01; Unicode character offsets [19672:19707] (end exclusive); SHA-256 e2f6057ca05dfd945ac518e7765b2298d106e72992747e73d9d97250674a44c2.

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

United States v. Potter — 927 F.3d 446 (2019) · United States Court of Appeals for the Sixth Circuit · 2019 — satisfied · proved (21usc846: author: Astra4 · not independently reviewed)Knowing and voluntary participation in the agreementsatisfied
Counted merits instance
applied / merits

basis: proved; party: defendant Potter; subject: party=defendant Potter

The court affirms sufficiency of the conspiracy evidence. Repeated distribution-scale purchases plus coordination and financing support the inferred agreement/knowing joinder; a buyer-seller transaction alone is not the stated rule.
tacit/repeated-distribution-purchases
Likewise, Potter continued his distribution efforts from jail by agreeing to front Hilliard funds to buy drugs from Hogan in exchange for a cut.
Source: docroot/ir/caselaw/f3d_927.jsonl#/f3d/927/0446-01; Unicode character offsets [20523:20667] (end exclusive); SHA-256 e2f6057ca05dfd945ac518e7765b2298d106e72992747e73d9d97250674a44c2.

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

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.
Source: docroot/ir/caselaw/f3d_927.jsonl#/f3d/927/0446-01; Unicode character offsets [20668:20832] (end exclusive); SHA-256 e2f6057ca05dfd945ac518e7765b2298d106e72992747e73d9d97250674a44c2.

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

United States v. Potter — 927 F.3d 446 (2019) · United States Court of Appeals for the Sixth Circuit · 2019 — satisfied · proved (21usc846: author: Astra4 · not independently reviewed)Knowledge of the unlawful agreement and objectivesatisfied
Counted merits instance
applied / merits

basis: proved; party: defendant Potter; subject: party=defendant Potter

The court affirms sufficiency of the conspiracy evidence. Repeated distribution-scale purchases plus coordination and financing support the inferred agreement/knowing joinder; a buyer-seller transaction alone is not the stated rule.
tacit/repeated-distribution-purchases
Likewise, Potter continued his distribution efforts from jail by agreeing to front Hilliard funds to buy drugs from Hogan in exchange for a cut.
Source: docroot/ir/caselaw/f3d_927.jsonl#/f3d/927/0446-01; Unicode character offsets [20523:20667] (end exclusive); SHA-256 e2f6057ca05dfd945ac518e7765b2298d106e72992747e73d9d97250674a44c2.

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

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.
Source: docroot/ir/caselaw/f3d_927.jsonl#/f3d/927/0446-01; Unicode character offsets [20668:20832] (end exclusive); SHA-256 e2f6057ca05dfd945ac518e7765b2298d106e72992747e73d9d97250674a44c2.

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

Court interpretations recorded from this case

interpretation

agreement to violate the drug laws need not be express or formal. A tacit or mutual understanding among the parties is sufficient.

United States v. Potter — 927 F.3d 446 (2019) · United States Court of Appeals for the Sixth Circuit · 2019 (21usc846: author: Astra4 · not independently reviewed)

agreement to violate the drug laws need not be express or formal. A tacit or mutual understanding among the parties is sufficient.
Source: docroot/ir/caselaw/f3d_927.jsonl#/f3d/927/0446-01; Unicode character offsets [19732:19862] (end exclusive); SHA-256 e2f6057ca05dfd945ac518e7765b2298d106e72992747e73d9d97250674a44c2.

A buyer-seller transaction alone does not establish agreement to a further distribution conspiracy. Repetition/quantity and coordinated dealings can support the inference; no mechanical transaction-count rule is asserted.

interpretation

So whether phrased as two elements or three, a conviction under § 846 requires an agreement to violate the drug laws, the defendant's knowledge of the agreement, and the defendant's decision to voluntarily join (or "participate in") it.

United States v. Potter — 927 F.3d 446 (2019) · United States Court of Appeals for the Sixth Circuit · 2019 (21usc846: author: Astra4 · not independently reviewed)

So whether phrased as two elements or three, a conviction under § 846 requires an agreement to violate the drug laws, the defendant's knowledge of the agreement, and the defendant's decision to voluntarily join (or "participate in") it.
Source: docroot/ir/caselaw/f3d_927.jsonl#/f3d/927/0446-01; Unicode character offsets [19358:19594] (end exclusive); SHA-256 e2f6057ca05dfd945ac518e7765b2298d106e72992747e73d9d97250674a44c2.

Potter reconciles two- and three-part formulations. Participation distinguishes intentional joinder from mere presence; it cannot resurrect the overt-act requirement rejected by Shabani. Separate knowledge and volition are required, without an additional universal act requirement.