United States Second Circuit

In the government's appeal from the district court's grant of defendant's motion for judgment of acquittal on charges of conspiracy to possess and aiding and abetting an attempt to possess with intent to distribute 500 grams or more of cocaine, the order is reversed where the evidence was sufficient to permit a jury to infer from defendant's knowledge that a co-conspirator was a drug dealer seeking to take possession of a quantity of drugs, and defendant's knowing effort to further and facilitate that possession, that defendant necessarily adopted the specific intent underlying the attempted possession, namely, distribution of any acquired drugs.

Appellate Information

• Argued 05/28/2010
• Decided 06/18/2010
• Published 06/18/2010

Judges

• REENA RAGGI, Circuit Judge:, Before RAGGI, LYNCH, and WALLACE, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Charles N. Rose, Assistant United States Attorney (Emily Berger, Assistant United States Attorney, on the brief), for Benton J. Campbell, United States Attorney, Eastern District of New York, Brooklyn, NY, for Appellant.


• For Appellees:
  
• Justin Levine, Bronx, NY, for Appellee.