U.S. v. Conley

Record contained sufficient evidence to support jury’s guilty verdict on drug conspiracy charge stemming from scheme in which defendants and others planned to rob fictional drug stash house, under circumstances where govt. agent initially recruited one individual tp rob said stash house and where said individual recruited others, who then recruited defendant. Co-conspirator testified that: (1) defendant participated in meeting to plan robbery of fictional drug stash house; (2) plan called for potential use of guns and for defendant to be one of three individuals to actually rob said house; and (3) defendant inquired as to whether fictional guard to said house would have to be shot. Moreover, while there was no precise testimony as to what defendant said during said planning meeting, co-conspirator’s testimony established that defendant had participated in planning robbery, had known of existence of conspiracy and agreed to become part of it, and took substantial step toward accomplishing robbery by riding in transport van and donning latex gloves that formed part of plan. Fact that co-conspirator made agreement with govt. to provide favorable testimony did not require different result. Also, record contained sufficient evidence to support defendant’s conviction on unlawful possession of firearm charge, even though record lacked evidence showing that defendant had actually held firearms that had been gathered to facilitate said robbery, since, under Pinkerton theory of liability, defendant is liable for foreseeable criminal conduct of co-conspirators who possessed said firearms, where, as here, use of firearms was essential part of robbery plan.