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U.S. v. Thomas, No. 99-3459 (7th Cir.) (284 F.3d 746) (March 25, 2002) (Judge Ilana Diamond Rovner)

Article • April 1, 2002 • from P&J April, 2002

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Thomas, No. 99-3459 (7th Cir.) (284 F.3d 746) (March 25, 2002) (Judge Ilana Diamond Rovner) by This case falls in the Ripley’s Believe-It-Or-Not category. Twice, Darrell Thomas has been tried in Federal court on drug conspiracy charges; and, on both occasions, he was convicted of conspiring with one …

U.S. v. Gee, No. 99-2348 (7th Cir.) (226 F.3d 885) (September 11, 2000) (Judge Ann Claire Williams)

Article • October 1, 2000 • from P&J November, 2000

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Gee, No. 99-2348 (7th Cir.) (226 F.3d 885) (September 11, 2000) (Judge Ann Claire Williams) by This decision addressed a number of interesting issues (including its holding that a defendant who goes to trial may still be eligible for a downward departure under U.S.S.G. § 5K2.0 based on …

U.S. v. Torres-Ramirez, No. 99-1791 (7th Cir.) (213 F.3d 978) (May 23, 2000) (Judge Frank H. Easterbrook)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Torres-Ramirez, No. 99-1791 (7th Cir.) (213 F.3d 978) (May 23, 2000) (Judge Frank H. Easterbrook) by This is an interesting drug conspiracy case which highlights an important distinction between a drug conspiracy and a buyer-seller relationship between drug dealers. In this case, Derrick Hardin, a long-time drug dealer …

U.S. v. Gibbs, No. 97-1374 (3rd Cir.) (190 F.3d 188) (August 26, 1999) (Judge Edward R. Becker)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Gibbs, No. 97-1374 (3rd Cir.) (190 F.3d 188) (August 26, 1999) (Judge Edward R. Becker) by The principal issue addressed in this case was the ever-expanding scope of conspiracy liability for a defendant whose sole involvement consisted of buying drugs from another member of the conspiracy. Sixteen defendants …

U.S. v. Mercer, No. 97-3224 (11th Cir.) (165 F.3d 1331) (January 25, 1999) (Per Curiam)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Mercer, No. 97-3224 (11th Cir.) (165 F.3d 1331) (January 25, 1999) (Per Curiam) by Here the Eleventh Circuit held that evidence of the defendant's buyer-seller relationship with an unnamed source was insufficient to establish the existence of a conspiracy. Citing U.S. v. Townsend, 924 F.2d 1385, 1394 (7th …

U.S. v. Dekle, No. 97-9065 (11th Cir.) (165 F.3d 826) (January 21, 1999) (Judge Rosemary Barkett)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Dekle, No. 97-9065 (11th Cir.) (165 F.3d 826) (January 21, 1999) (Judge Rosemary Barkett) by Here the Court concluded that the mere fact that the doctor/defendant wrote at least 129 medically unwarranted prescrptions in exchange for sexual favors was insufficient to support conviction for conspiracy to sell drugs. …

U.S. v. Meyer, No. 96-4230 (7th Cir.) (157 F.3d 1067) (September 10, 1998) (Judge Harlington Jr. Wood)

Article • November 1, 1998 • from P&J November, 1998

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Meyer, No. 96-4230 (7th Cir.) (157 F.3d 1067) (September 10, 1998) (Judge Harlington Jr. Wood) by Citing U.S. v. Thomas, 150 F.3d 743, 746 (7th Cir. 1998), the court held, inter alia, that a buyer-seller instruction "reminds juries that distribution of drugs is not itself conspiracy, although a …

U.S. v. Meyer, No. 96-4230 (7th Cir.) (149 F.3d 535) (June 23, 1998) (Judge Harlington Jr. Wood)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Meyer, No. 96-4230 (7th Cir.) (149 F.3d 535) (June 23, 1998) (Judge Harlington Jr. Wood) by Court held that the district court erred in failing to give a requested buyer-seller instruction to the jury in the case of one defendant which required reversal of his conviction. Here the …

U.S. v. Thomas, No. 97-1738 (7th Cir.) (150 F.3d 743) (July 23, 1998) (Per Curiam)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Thomas, No. 97-1738 (7th Cir.) (150 F.3d 743) (July 23, 1998) (Per Curiam) by United States v. Flores, 149 F.3d 1272 (10th Cir. 1998) (Judge Ebel) United States v. Thomas, 150 F.3d 743 (7th Cir. 1998) (Per Curiam) Both of these cases deal with the so-called "buyer-seller rule", …

U.S. v. Flores, No. 96-1152 (10th Cir.) (149 F.3d 1272) (August 4, 1998) (Judge David M. Ebel)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Flores, No. 96-1152 (10th Cir.) (149 F.3d 1272) (August 4, 1998) (Judge David M. Ebel) by United States v. Flores, 149 F.3d 1272 (10th Cir. 1998) (Judge Ebel) United States v. Thomas, 150 F.3d 743 (7th Cir. 1998) (Per Curiam) Both of these cases deal with the so-called …

U.S. v. Clay, No. 93-3699 (7th Cir.) (37 F.3d 338) (October 6, 1994) (Judge Joel L. Flaum)

Article • January 1, 1994

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Clay, No. 93-3699 (7th Cir.) (37 F.3d 338) (October 6, 1994) (Judge Joel L. Flaum) by "The something more" that is necessary for the existence of a true drug distribution conspiracy is a further understanding between the buyer and seller, often implicit, that usually relates to the subsequent …

U.S. v. Lechuga, No. 91-2891 (7th Cir.) (994 F.2d 346) (May 13, 1993) (Judge Richard A. Posner)

Article • January 1, 1994

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Lechuga, No. 91-2891 (7th Cir.) (994 F.2d 346) (May 13, 1993) (Judge Richard A. Posner) by In this divided en banc decision, a majority of the court held that large quantities of controlled substances, without more, cannot sustain a conspiracy conviction: there must be an agreement to commit …

U.S. v. Townsend, No. 88-3271 (7th Cir.) (924 F.2d 1385) (February 14, 1991) (Judge Joel L. Flaum)

Article • January 1, 1994

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Townsend, No. 88-3271 (7th Cir.) (924 F.2d 1385) (February 14, 1991) (Judge Joel L. Flaum) by In this case, the government argued that, by dealing with a man named Marquez--who was known by each of his co-defendants to be a large-scale drug dealer--each defendant supported and thus conspired …