U.S. v. Pulgar

Federal 7th Circuit Court
Criminal Court
Conspiracy
Citation
Case Number: 
No. 14-3503
Decision Date: 
June 19, 2015
Federal District: 
C.D. Ill.
Holding: 
Vacated
Record failed to support defendant’s guilty verdict on charge of drug conspiracy, where record showed, at most, buyer-seller relationship between defendant and one of two purported co-conspirators, since: (1) except for one transaction, defendant never fronted buyer for drugs sold by defendant throughout lengthy series of spot transactions between 2002 and 2013; (2) defendant never expressed approval for what buyer eventually charged his customers for cocaine purchased from defendant; (3) govt.’s evidence of alleged return policy with respect to cocaine sold by defendant was vague and incomplete. Fact that defendant had some sort of personal relationship with buyer did not require finding that conspiracy existed.