Archive | “buyer-seller” rule

Sunday, February 8th, 2009

Resale Wrongs

United States v. Parker, No. 07-0620-cr (2d Cir. February 3, 2009) (Feinberg, Leval, Cabranes, CJJ)

Recently, the court held that the “buyer-seller” rule did not apply where the defendant, a drug buyer who resold the drugs, clearly had a stake in the seller’s operation. See “Buyer’s Remorse,” posted October 26, 2008.

Here, the court goes over this same material again. The appellants were frequent customers of a large crack distribution operation in Utica, New York. They resold the crack, and the sellers knew it. While this alone is not enough to create conspiracy liability – “mere awareness on the part of the seller that the buyer intends to resell the drugs is not sufficient to show that the seller and buyer share a conspiratorial interest to further the buyer’s resale” – here, there was more.

Specifically, there was evidence that could lead a jury to find that the sellers shared …

Posted By
Categories: “buyer-seller” rule, Uncategorized

Continue Reading
Sunday, October 26th, 2008

Buyer’s Remorse

United States v. Hawkins, No. 07-3018-cr (2d Cir. October 16, 2008) (Straub, Raggi, CJJ, Sessions, DJ)

Alex Luna sold drugs in Danbury, Connecticut, from 2002 to 2005. Warren Hawkins was convicted, after a jury trial, of one count of conspiring with Luna to distribute less than 500 grams of cocaine and less than five grams of crack. After the verdict, the district court granted Hawkins’ Rule 29 motion, finding that, although Hawkins bought drugs from Luna with intent to resell them, there was insufficient evidence to establish that Hawkins participated in Luna’s conspiracy. On the government’s appeal, the circuit reversed.


In February 2005, Hawkins spoke with a another Luna co-conspirator about purchasing five grams of cocaine. They discussed price, quality, and how Hawkins would raise the money, but the sale did not take place. A few days later, Hawkins spoke with Luna and said that some of his co-workers …

Posted By
Categories: “buyer-seller” rule, conspiracy, drug distribution, Uncategorized

Continue Reading