US v. Mincoff, No. 08-50058 - U.S. Ninth Circuit
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US v. Mincoff, No. 08-50058

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.

Read US v. Mincoff, No. 08-50058

Appellate Information

Argued and Submitted April 14, 2009

Filed July 31, 2009

Judges

Opinion by Judge Rawlinson

Counsel

For Appellant:

Charles M. Sevilla, San Diego, CA

For Appellee:

Bruce R. Castetter, Assistant United States Attorney, San Diego, California

David D. Leshner, Assistant United States Attorney, San Diego, California