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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.