Can a defendant escape criminal liability for the sale of heroin even if he was not involved in the transaction?

MultiRegion, United States of America

The following excerpt is from United States v. Prada, 451 F.2d 1319 (2nd Cir. 1971):

3 Appellant's absence from the room where the heroin sale was finally effected will not, as he supposes, enable him to escape criminal liability for the transaction. In United States v. Morris, 269 F.2d 100, 102 (2d Cir.), cert. denied, 361 U.S. 885, 80 S.Ct. 159, 4 L.Ed.2d 122 (1959), this court sustained a conviction for the sale of heroin when there was evidence that the defendant had "arranged and directed" the sale even though he "did not personally take payment from or personally deliver narcotics to the agent." Moreover, appellant was charged not only with the sale of heroin, but with facilitating its sale. Having produced two narcotics samples and negotiated the major sale, the jury could reasonably have found that he facilitated that sale.

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