What is the test for establishing that Pinder knowingly participated in a conspiracy to distribute cocaine?

MultiRegion, United States of America

The following excerpt is from U.S. v. Pinder, 872 F.2d 431 (9th Cir. 1989):

Pinder argues that evidence was insufficient to establish that he knowingly participated in the conspiracy to distribute cocaine. "In assessing the sufficiency of the evidence, our inquiry is whether, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." United States v. Meyers, 847 F.2d 1408, 1412 (9th Cir.1988). "The essential elements of a conspiracy are (1) an agreement to engage in criminal activity, (2) one or more overt acts taken to implement the agreement, and (3) the requisite intent to commit the substantive crime. (citations omitted). Once the existence of the conspiracy is shown, evidence establishing beyond a reasonable doubt a knowing connection of the defendant with the conspiracy, even though the connection is slight, is sufficient to convict him of knowing participation in the conspiracy. (citations omitted). However, the connection to the conspiracy must be shown to be 'knowledgeable'; that is, 'the government must prove beyond a reasonable doubt that the defendant knew of his connection to the charged conspiracy.' " Id. (emphasis in original).

Other Questions


What is the test for establishing quantity attributable to a defendant knowingly participating in a drug distribution conspiracy? (MultiRegion, United States of America)
What is the test for overturning an order denying a defendant bail pending trial on a charge of conspiracy to distribute and possess with intent to distribute crack cocaine? (MultiRegion, United States of America)
What is the test for establishing that the government has established the existence of a conspiracy and/or conspiracy? (MultiRegion, United States of America)
What is sufficient to convict a defendant of knowing participation in an established conspiracy? (MultiRegion, United States of America)
Does a guilty plea prevent a defendant from denying his involvement in a conspiracy to distribute or distribute cocaine? (MultiRegion, United States of America)
What is the test for knowing participation in a criminal conspiracy? (MultiRegion, United States of America)
What are some cases involving possession of cocaine powder and distribution of cocaine base? (MultiRegion, United States of America)
What is the appropriate sentencing range for a defendant convicted of conspiring to distribute cocaine that involved a total of 67 grams of cocaine? (MultiRegion, United States of America)
Does access to equipment capable of producing a kilogram of cocaine support the jury's verdict that it was reasonably foreseeable that the conspiracy involved 500 grams or more of cocaine? (MultiRegion, United States of America)
Is a transaction between a buyer and seller of drugs sufficient to establish a conspiracy to distribute drugs? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.