United States v. Freeman, No. 09-2166 (3d Cir. 2014)
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Freeman and Mark and others were convicted of conspiracy to possess with intent to distribute a controlled substance. Both presented proposed jury instructions that the government must prove the existence of "five or more kilograms of cocaine" as an essential element. The court instead instructed the jury, along with all of the other elements of conspiracy, that they need only find that the conspiracy involved a "measurable amount of the controlled substance alleged in the indictment." The court submitted to the jury a post-verdict question: "[a]s to … conspiracy with intent to distribute a controlled substance, do you find that five kilograms or more was involved[?]" After deliberation, the jury failed to arrive at a unanimous decision. The court found that there was sufficient evidence that Freeman was "a manager and a supervisor" in the conspiracy, that Freeman "conspire[d] with intent to distribute . . . at least 50 kilograms of cocaine," and sentenced Freeman to 188 months' imprisonment. The court found that Mark was responsible for 15 to 50 kilograms of cocaine and that there was sufficient evidence in the record to warrant a three-level adjustment for his role in the conspiracy and sentenced Mark to a term of 210 months' imprisonment. The Third Circuit affirmed as to Freeman, vacated and remanded for resentencing as to Mark.
The court issued a subsequent related opinion or order on September 22, 2014.
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