A federal appeals court has ruled that a conviction for intent to distribute 1,000 grams or more of heroin must be based on evidence that a defendant possessed or distributed that quantity of the drug at a single time, and cannot be based on the sum of several smaller possessions and distributions during the indictment period.
In a precedential April 2 decision, the U.S. Court of Appeals for the Third Circuit vacated defendant Anthony Rowe’s conviction and sentence, citing a lack of evidence, and instead instructed the district court to enter a judgment of conviction for distribution and possession with intent to distribute 100 grams or more of heroin. The appeals court also called for a new sentence based on that conviction.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]