United States v. Blue, No. 13-4069 (4th Cir. 2015)
Annotate this CaseDefendant appealed his convictions for possession with intent to distribute 100 grams or more of heroin, aiding and abetting the same, and conspiracy to distribute and possess with intent to distribute 100 grams or more of heroin. The court concluded that the government failed to present sufficient evidence to sustain defendant's conviction for possession with intent to distribute 100 grams or more of heroin on July 13, 2011. In this case, the fact that defendant possessed a key to the Apartment, entered the apartment building containing the Apartment on July 13, 2011, stayed five minutes, and exited with a sandwich-sized plastic container in his hand, standing alone, is insufficient evidence to establish his constructive possession of the heroin found in the footstool in the front bedroom of the Apartment. Further, the court concluded that there was insufficient evidence to convict defendant of conspiracy to distribute and possess with intent to distribute 100 grams or more of a mixture or substance containing a detectable amount of heroin where the court does not know and cannot know whether the jury found defendant guilty beyond a reasonable doubt of every element of the lesser included offense. Accordingly, the court reversed both convictions.
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