U.S. v. Anderson

Record failed to contain sufficient evidence to support defendant's conviction on drug distribution charge, where said charge alleged that defendant aided and abetted third party to distribute heroin that resulted in serious overdose to ultimate buyer of said drugs. Record contained no evidence that defendant herself distributed heroin to victim on day of overdose, and record failed to show that defendant affirmatively acted in furtherance of third-party's sale of drugs to victim and intended to facilitate commission of said sale. Moreover, there was no evidence to show that defendant knew third-party or victim, knew of their drug transaction or even cared whether it had occurred. Also, defendant was entitled to remand for resentencing without imposition of serious-bodily-injury enhancement with respect to defendant's drug conspiracy conviction, where jury issued general verdict on existence of said enhancement that did not indicate whether it unanimously found that victim's overdose injury resulted from either defendant's vacated drug distribution charge or his valid drug conspiracy conviction. However, Dist. Ct. did not err in finding existence of two-level leadership enhancement on drug conspiracy charge, where, with respect to single drug transaction at issue in said charge, defendant prearranged logistics of drug sale, maintained near constant contact with another individual to pick up drugs and provided step-by-step instructions throughout drug sale.