United States v. Pulgar, No. 14-3503 (7th Cir. 2015)
Annotate this CaseThe government alleged that Pulgar entered into such a conspiracy with Schmidt and Myers to distribute 5 kilograms or more of cocaine, 21 U.S.C. §§ 846, 841(a)(1) and (b)(1)(A). Pulgar never met Myers, but Schmidt had. At trial, the government focused on Pulgar’s transactions with Schmidt to prove the conspiracy charge. Largely through Schmidt’s testimony, the government offered evidence that: Pulgar sold large quantities of cocaine to Schmidt at wholesale prices for over 10 years; Pulgar fronted cocaine to Schmidt; Pulgar accepted returns from Schmidt when lousy cocaine did not sell; and Pulgar enjoyed a friendship with Schmidt. Pulgar disputed the government’s evidence of fronting, and the evidence of a so-called “return policy.” A jury convicted Pulgar on the conspiracy count, although it found he conspired to distribute “500 grams or more of cocaine,” not the “5 kilograms or more” charged. The jury acquitted Pulgar of distribution of 500 grams or more of cocaine. The Seventh Circuit vacated, stating that the government merely proved a buyer-seller arrangement, which, under well-established case law, is not enough to support a drug-distribution conspiracy.
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