U.S. v. Fitzpatrick

Record contained sufficient evidence to support defendant’s conviction on charge of conspiracy to possess with intent to distribute marijuana arising out of scheme to rob drug house, where defendant asserted that plan to commit said robbery and to resell marijuana obtained during robbery was devised outside his presence, and that there was no evidence that he had agreed to participate in said plan. Jury could properly find that it was unlikely that defendant would have endeavored to carry out dangerous operation requiring armament if reward was merely obtaining marijuana for recreational use as opposed to reselling marijuana obtained during robbery. Moreover, defendant’s actions in providing coverage fire for others at drug house also support instant conspiracy conviction. Also, Dist. Ct. could properly sentence defendant to 36-year term of incarceration, where sentence fell below applicable guideline range, and where: (1) defendant’s release just prior to his 57th birthday was not tantamount to de facto life sentence; and (2) Dist. Ct. adequately explained need for said incarceration.