· 7/29/1987
United States v. Jose Rafael Penagos
Citations
- 823 F.2d 346
- 1987 U.S. App. LEXIS 9992
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding no constructive possession although the defendant, according to the government, both acted as the lookout for drug conspirators as cocaine was loaded into the trunk of a car and accompanied a co-defendant to the site of a drug deal
- conspiracy conviction reversed despite evidence that defendant was at crime scene scanning up and down the street
- conspiracy conviction reversed despite evidence that defendant was at crime scene scanning up and down the street
- presence of defendant at time of cocaine delivery and possible actions as lookout insufficient to convict of conspiracy or possession with intent to distribute
- \Even if defendant acted as security and lookout ... these actions do not indicate that he had dominion or control over cocaine.\
- insufficient evidence to support possession convictions where no evidence that defendant owned or leased any of the apartments or cars where cocaine was found
Source: CourtListener parenthetical corpus (CC0).
Judges: Beezer, Hall, Kozinski
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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