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Circuit Reverses Grant of Acquittal in Drug Conspiracy

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

United States v. Boria, No. 08-2550, 2009 WL 282088 (Jan. 26, 2010). Following a jury verdict of guilty on charges of aiding and abetting and conspiracy to possess with intent to distribute cocaine, the district court entered a judgment of acquittal, finding the evidence of his knowledge of the objective of the conspiracy, i.e. the transportation of cocaine, insufficient. The Circuit reversed, holding that the conconspirator?s "crucial" testimony, combined with suspicious circumstances under which defendant became involved with the tractor-trailer carrying the drugs, established that defendant knew drugs were involved.The evidence at trial showed that another conspirator, Diaz, brought to Philadelphia a tractor-trailer which contained one hundred kilograms of cocaine...continue to full post

Full post as published by Third Circuit Blog on February 02, 2010 (boomark / email).