Defendant's drug distribution conviction is affirmed where: 1) a rational trier of fact could have found the buyer-seller rule inapplicable; 2) defendant and his business partner agreed to the essential terms of the planned transaction; and 3) the evidence was sufficient to establish that defendant knowingly used a telephone to facilitate the distribution of cocaine.
Argued and Submitted April 14, 2009
Filed July 31, 2009
Opinion by Judge Rawlinson
David D. Leshner, Assistant United States Attorney, San Diego, California