Federal Drug Conspiracy and Distribution

Jul 14, 2011   //   by Maria E. G. Garcia   //   Blog  //  1 Comment


Whether it’s knowingly or intentionally, it is highly illegal to assemble, administer, or obtain a controlled substance.

A controlled substance is a drug that either slows down or stimulates the nervous system. In other words, a controlled substance is a drug or chemical whose fabrication, dispersion, or possession, is unacceptable by the government.

If an individual is found to be guilty of committing any of these previous mentioned occurrences, then that certain individual may be apt to five or ten years in prison. It all depends on the amount of drug that was involved in the occurrence. Now, if this individual has had prior guilty sentences, then the penalty will be magnified by twenty years in prison.

Drug conspiracies or drug attempts also fall into these categories.  Any individual that conspires to attempt these felonies will be apt to the same years of penalties as the underlying drug offense.
The following contain information on certain drug conspiracy and distribution cases.

United States v. Gomez
In this particular case the defendant does not need to have the knowledge of the amount or type of substance that was involved. What the government needs to prove is that the defendant was conscious that he was dealing with a controlled substance.

United States v. Rutherford
In this particular case if the accusation claims that the defendant was involved in the business of cocaine, yet the proof at trial demonstrates that the exchange involved crack cocaine, then this is unimportant. However, if a defendant is accused by violating U.S.C. § 841, then the government needs to prove that any type of drug was involved. They do not particularly need to know the substance that was involved.

United States v. Toler
In this particular case incidental evidence is enough to prove a conspiracy. Direct evidence is not needed to prove it. Deductions may be made from other incidental evidence and from alleged participants.

United States v. Noe
In this particular case there does not need to be proof by the government that an overt act was done by a certain conspiracy.

United States v. Martinez
In this particular case the government must simply prove that other groups of conspiracies were involved. It is not necessary for the government to prove who the certain conspirators were.

Albernaz v. United States

In this particular case a defendant may be found guilty of two different drug conspiracies that together make one concurrence. For example, in this case, the defendant was found guilty for conspiring to import marijuana and distribute marijuana, both at the same time.

Our Texas criminal law firm has extensive experience in defending serious federal drug cases in all Texas State & Federal Courts. Please contact us if you need criminal lawyer who has successfully resolved federal drug cases.


1 Comment

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