United States v. Swiderski
United States Court of Appeals for the Second Circuit
548 F.2d 445 (1977)
- Written by Patrick Speice, JD
Facts
Walter Swiderski and his fiancée (defendants) were arrested, charged, and tried for possession with intent to distribute a controlled substance after jointly purchasing 21 grams of cocaine to share with one another. At the conclusion of the trial, the trial judge instructed the jury that any transfer of a controlled substance to another person constituted distribution of that substance. The jury asked the judge to clarify whether joint possessors of a controlled substance must intend to transfer that substance to a third party for the jury to find intent to distribute, and the judge advised that any transfer of a controlled substance—including to a fiancée or friend—constituted distribution of a controlled substance. Swiderski and his fiancée were convicted and appealed, arguing that the judge’s instructions were erroneous.
Rule of Law
Issue
Holding and Reasoning (Mansfield, J.)
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