United States v. Colon
549 F.3d 565 · Court of Appeals for the Seventh Circuit · 2008
Facts
Government agents monitored phone calls of drug supplier Saucedo, who told a co-conspirator that "Dude" would arrive at a specific house in 15 minutes to pick up drugs. Colon arrived as expected, entered the house, emerged, and was apprehended after a chase, possessing cocaine. Colon regularly purchased "distribution quantities" of cocaine (4.5 or 9 ounces) from Saucedo, arranging deliveries by phone. These were cash transactions, occurring 6-7 times over up to six weeks, totaling 30-35 ounces.
Procedural history
Colon was convicted by a jury of possessing cocaine with intent to sell, conspiring to possess, and aiding and abetting the conspiracy, and sentenced to 135 months. He appealed these convictions. This court affirmed the possession conviction but vacated the conspiracy and aiding and abetting convictions, remanding for re-sentencing.
Issue
Was there sufficient evidence to convict Colon of conspiracy and aiding and abetting a drug conspiracy, given his role as a regular buyer for resale, and did police have probable cause to stop him?
Holding
The police had probable cause to stop Colon, so his possession conviction stands. However, the evidence was insufficient to convict Colon of conspiracy or aiding and abetting a conspiracy.
Rule
A routine buyer-seller relationship, even for resale quantities and with regular, standardized transactions, does not, without more, establish a drug conspiracy. Conspiracy requires proof of an agreement to commit a crime other than the sale itself, or a "joint criminal objective" beyond the sale. Aiding and abetting requires knowingly assisting illegal activity with a desire for it to succeed and making a difference to the principal's crime, which a mere buyer who could easily be replaced does not typically do.
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