[Download] "United States v. Baker" by United States Court of Appeals for the Fourth Circuit # eBook PDF Kindle ePub Free

eBook details
- Title: United States v. Baker
- Author : United States Court of Appeals for the Fourth Circuit
- Release Date : January 04, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
ERVIN, Chief Judge: Timothy Blackwell was convicted of money laundering, in violation of 18 U.S.C. § 1956 (a)(1)(B)(1) - (2). David Baker was convicted of attempting to possess with the intent to distribute cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 846. In addition, both Blackwell and Baker were convicted of conspiracy to possess with the intent to distribute cocaine, in violation of 21 U.S.C. § 846 & 18 U.S.C. § 2. Each defendant appeals his two convictions. Blackwell argues that the evidence was legally insufficient to convict him of either the money laundering or the conspiracy charge, and Baker argues that the evidence was insufficient to convict him of the attempt charge. Baker does not challenge his conspiracy conviction by arguing insufficiency of the evidence, but rather he contends that the district court committed reversible error by refusing to give the jury two instructions. It is his position that the court should have charged the jury on the lesser-included offense of conspiracy to possess cocaine. In addition, because a mere buyer/seller relationship is inadequate to establish Baker's participation in the conspiracy to distribute, he asserts that the court erred by refusing to charge the jury that Baker's distributor must have known that Baker intended to distribute the cocaine, not merely to make personal use of it.