US v. Johnson, No. 09-1912
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.
Read US v. Johnson, No. 09-1912
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division
Decided January 15, 2010
Before: Flaum, Sykes and Posner, Circuit Judges
Opinion by Circuit Judge Sykes
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