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US v. Andino, No. 09-4694

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By FindLaw Staff on December 03, 2010 2:01 PM

Cocaine Conspiracy Conviction Affirmed

In US v. Andino, No. 09-4694, the court affirmed defendant's conviction for conspiring to distribute or possess with intent to distribute cocaine, holding that the government was required to show only that defendant knowingly participated in a conspiracy involving a controlled substance.

As the court wrote:  "In June 2008, customs officials discovered cocaine in a package addressed to "Andino Jose" at "1474 Bryant, A2, Apt Basement, Bronx, NY 10460." The package was redirected to the New York City office of U.S. Immigration and Customs Enforcement, where agents prepared it for a controlled delivery to Andino, the Defendant-Appellant in this case. The agents opened the package, replaced the cocaine with a look-alike substance, resealed the package, and sent it on its way."

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