What is the test for a charge of possession with intent to distribute drugs that were left in a defendant's home?

MultiRegion, United States of America

The following excerpt is from U.S. v. Kipp, 10 F.3d 1463 (9th Cir. 1993):

1 The government's reliance on United States v. Trussel, 961 F.2d 685 (7th Cir.1992), is misplaced. That case is distinguishable because it involved a defendant who pled guilty to conspiracy to possess with intent to distribute. The court held that drugs stored in the defendant's home were properly considered in determining the base offense level because they were left with the defendant for future distribution and, thus, were stored in furtherance of the conspiracy. Drugs possessed for personal use, however, do not further the crime of possession with intent to distribute.

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