Background
Lance Wade Cole, Jr. was convicted by a jury of conspiracy to possess with intent to distribute and to distribute fentanyl, acetyl fentanyl, methamphetamine hydrochloride, cocaine, and cocaine base. Cole appealed, arguing the Government failed to present sufficient evidence to sustain the jury’s finding that he was guilty of conspiracy rather than merely participating in a buyer-seller relationship.
The court’s reasoning
The court applied a de novo standard of review to determine if substantial evidence supported the verdict. It noted that while a mere buyer-seller relationship is insufficient for conspiracy, evidence of continuing relationships and repeated transactions can support a conspiracy finding, especially with substantial quantities of drugs. The court found Cole acted as a conduit between the head of the conspiracy and other buyers and purchased drugs in quantities suggesting intent to distribute.
To establish a drug conspiracy under 21 U.S.C. § 846, the government must prove that (1) the defendant entered into an agreement with one or more persons to engage in conduct that violated 21 U.S.C. § 841(a)(1); (2) that the defendant had knowledge of that conspiracy; and (3) that the defendant knowingly and voluntarily participated in the conspiracy.
United States v. Howard, 773 F.3d 519, 525 (4th Cir. 2014)
What it means going forward
The decision reinforces that drug couriers and frequent large-quantity buyers may be convicted as coconspirators even without knowledge of the entire criminal enterprise.