/f3d/933/0501-01

United States Court of Appeals for the Sixth Circuit · 2019-07-31

Original case on neochart.com

Case and law context

21 U.S.C. § 846

Role: background; posture: Jury conviction appeal; evidentiary-instruction and sentencing issues; result: mixed; claim:

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopeVariantExact source quotations
/f3d/933/0501-01 — United States Court of Appeals for the Sixth Circuit · 2019Agreement of two or more persons to the unlawful objectnot_reached
Excluded from merits counts
background / procedural

The court assesses cumulative evidence and prejudice from omitted expert instructions under plain-error review. This is not coded as a fresh merits sufficiency finding.
evidentiary-error/corroborating-shipment-coordination
For example, Hobbs testified that during the time he was in the car with Buchanan driving around and searching for the missing package, Buchanan repeatedly spoke with someone on the phone about the package.
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Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Hobbs also testified that he sent Buchanan lists of addresses to which Buchanan then had packages delivered.
Source: docroot/ir/caselaw/f3d_933.jsonl#/f3d/933/0501-01; Unicode character offsets [23545:23653] (end exclusive); SHA-256 d8ef780cfb5ac59cb14536a09f5f676824cdb333dad7e487bcb5e059ae417e56.

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

Furthermore, even to the extent that Adams's and Cajuste's testimony supported the conspiracy conviction as opposed to only the conviction for possession with intent to distribute, the government presented sufficient additional evidence supporting the conspiracy conviction that the opinion testimony was cumulative and unlikely to have influenced the verdict.
Source: docroot/ir/caselaw/f3d_933.jsonl#/f3d/933/0501-01; Unicode character offsets [20325:20685] (end exclusive); SHA-256 d8ef780cfb5ac59cb14536a09f5f676824cdb333dad7e487bcb5e059ae417e56.

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

The elements of a drug distribution conspiracy are "(1) an agreement to violate drug laws ... ; (2) knowledge and intent to join the conspiracy; and (3) participation in the conspiracy."

/f3d/933/0501-01 — United States Court of Appeals for the Sixth Circuit · 2019

The elements of a drug distribution conspiracy are "(1) an agreement to violate drug laws ... ; (2) knowledge and intent to join the conspiracy; and (3) participation in the conspiracy."
Source: docroot/ir/caselaw/f3d_933.jsonl#/f3d/933/0501-01; Unicode character offsets [20686:20872] (end exclusive); SHA-256 d8ef780cfb5ac59cb14536a09f5f676824cdb333dad7e487bcb5e059ae417e56.

Knowing that others commit drug crimes does not itself establish that this defendant chose to join. Culpability as to the substance follows the chosen object offense; general association with offenders is insufficient.