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

Appellate Information

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division

Decided January 15, 2010

Judges

Before: Flaum, Sykes and Posner, Circuit Judges

Opinion by Circuit Judge Sykes