United States First Circuit

Conviction of conspiracy to possess with intent to distribute controlled substances is affirmed, where: 1) the evidence was sufficient to permit a jury to reasonably conclude that defendant was a participant in a conspiracy to distribute controlled substances; 2) the asserted inconsistency in the verdict regarding defendant's acquittal on the substantive charges relating to the December 29th order and his conviction on the conspiracy charge is not grounds for reversal; and 3) the evidence would allow a rational jury to determine beyond a reasonable doubt that the single conspiracy charged in the indictment existed and, therefore, a variance did not exist.

Appellate Information

• Decided 02/27/2013
• Published 02/27/2013

Judges

• DICLERICO

Court

• United States First Circuit

Counsel