New York Criminal Lawyer Blog
Case Facts
An informant contacted agents of the Drug Enforcement Administration and informed them that there were large transactions of large quantities of illegal drugs being made in the area. The informant then helped the Drug Enforcement Administration create a reverse sting operation. In the operation DEA officers poses as sellers of illegal drugs to help ferret out illicit drug traffickers. A New York Drug Possession Lawyer said the informant was instructed to put the word out that there was a large amount of marijuana available for sale.
The informant approached one of the bartenders at a local restaurant and told him that he had some friends that were looking for buyers for 1000 pounds of marijuana at $200 each. The informant told the bartender that they could easily make $25,000 each in the deal.
The bartender made a phone call to one of the defendants of the case and asked if he was interested in making a purchase that large. A New York Criminal Lawyer said the meeting was set and the two individuals told the informant that they would need a sample of the pot.
A meeting with the DEA “dealer” the informant, the bartender, and the other defendant was set up and the transaction was discussed. The defendant stated that they needed a sample before any purchase would be made.
Another meeting was scheduled and a sample was provided. The defendant at the meeting stated that he would take the sample to his friend and then determine whether or not they were going to make the purchase.
The defendants agreed to make a purchase of up to 4000 pounds of what they were told was Columbian marijuana. The price per pound was set at $300 because the undercover agent told the defendants that the original amount of pot that he intended to sell them had already been sold and this was a new batch from Columbia as opposed to coming from Mexico.
Case Discussion and Decision
The defendants on appeal state that the trial court erred by not allowing instructions to be given to the jury and for these reason their trial was prejudiced.
The court has reviewed all of the records of the trial and the case and finds that the defendants were given plenty of opportunity to present their theory to the jury and that they did so. The research shows that the court’s acts did nothing to undercut the defendant’s theory of the case and that the defendant’s arguments were displayed before the jury.
A New York Sex Crimes Lawyer said the court has reviewed all of the facts that are relevant to the case of the defendants. After careful consideration all of the judgments that were filed by the district court are affirmed. The appeals are denied in every aspect and the sentences shall stand.
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