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United States v. Lechuga

994 F.2d 346 (1993)

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United States v. Lechuga

United States Court of Appeals for the Seventh Circuit
994 F.2d 346 (1993)

CS

Facts

Carr was an undercover law-enforcement agent who arranged to buy a large quantity of cocaine from Evelio Pinto. Pinto contacted Sam Pagan to obtain the cocaine. Pagan in turn contacted Humberto Lechuga (defendant), who had sold cocaine to Pagan and Pinto in the past. Lechuga designated an apartment where the transfer of drugs and money could take place. Pagan went to the apartment with Pinto and Carr and emerged carrying two packages. One package contained the large quantity of cocaine that Carr had wanted to purchase, and the other package contained a smaller amount of cocaine equal to an amount that had been accidentally missing from a previous sale between Lechuga, Pagan, and Pinto. Pagan handed the packages to Pinto, and the two men were then arrested. Lechuga was charged with possession of cocaine with the intent to distribute, and also with conspiracy with Pinto and unnamed others to distribute cocaine. At trial the prosecution based the conspiracy charge on the fact that Lechuga had sold Pinto a quantity of cocaine that was too large for personal use, asserting that this type of sale was sufficient evidence of a conspiracy to distribute. Lechuga was convicted and appealed.

Rule of Law

Issue

Holding and Reasoning (Posner, J.)

Concurrence (Kanne, J.)

Concurrence/Dissent (Cudahy, J.)

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