Defendant's drug distribution conviction is affirmed where: 1) a rational trier of fact could have found the buyer-seller rule inapplicable; 2) defendant and his business partner agreed to the essential terms of the planned transaction; and 3) the evidence was sufficient to establish that defendant knowingly used a telephone to facilitate the distribution of cocaine.
Read US v. Mincoff, No. 08-50058
Appellate Information
Argued and Submitted April 14, 2009
Filed July 31, 2009
Judges
Opinion by Judge Rawlinson
Counsel
For Appellant:
Charles M. Sevilla, San Diego, CA
For Appellee:
Bruce R. Castetter, Assistant United States Attorney, San Diego, California
David D. Leshner, Assistant United States Attorney, San Diego, California