United States Ninth Circuit

Defendant's drug distribution conviction is affirmed where: 1) a rational trier of fact could have found the buyer-seller rule inapplicable; 2) defendant and his business partner agreed to the essential terms of the planned transaction; and 3) the evidence was sufficient to establish that defendant knowingly used a telephone to facilitate the distribution of cocaine.

Appellate Information

• Argued 04/14/2009
• Decided 07/31/2009
• Published 07/31/2009

Judges

• RAWLINSON, Circuit Judge:, Before:  WILLIAM C. CANBY, JR., JOHNNIE B. RAWLINSON and N. RANDY SMITH, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Charles M. Sevilla, San Diego, CA, for defendant-appellant James Mincoff., Karen P. Hewitt, United States Attorney, Bruce R. Castetter, Assistant United States Attorney, Chief, Appellate Section, Criminal Division, Todd W. Robinson (on the brief), Assistant United States Attorney, and David D. Leshner, Assistant United States Attorney (at argument), United States Attorney's Office, San Diego, CA, for plaintiff-appellee United States.