Block on Trump's Asylum Ban Upheld by Supreme Court
Defendant's conviction for drug related crimes is vacated in part, affirmed in part and remanded where: 1) defendant's conspiracy conviction is vacated as a drug purchaser does not enter into a conspiracy with his supplier by reselling the drugs to his own customers, as a conspiracy requires evidence that the buyer and seller entered into an agreement to commit a crime other than the crime that consists of the sale itself; 2) defendant's remaining convictions are affirmed as there was sufficient evidence to affirm the jury's verdict for possession of cocaine with intent to distribute and using a telephone to facilitate a drug felony; and 3) defendant's 72-month sentence is vacated and remanded as it hinged largely on his conspiracy conviction.
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division
Decided January 15, 2010
Opinion by Circuit Judge Sykes