United States v. Pillado, No. 10-1081 (7th Cir. 2011)
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After intercepting a shipment of marijuana from Mexico, federal agents executed a controlled delivery. Because the address on the shipment did not exist and they could not locate the addressee, the agents contacted the shipper in Mexico and delivered the shipment to an industrial park. Agents refused to allow the single individual who first appeared to unload the truck alone. That individual recruited another. Three laborers who were working on-site, but who had never met the other two, were told what the shipment contained and persuaded to unload the truck. Police raided the scene and arrested all five. All five were charged with conspiracy to possess marijuana with intent to distribute (21 U.S.C. 846) and possession with the intent to distribute (18 U.S.C. 841(a)(1)). One defendant pled guilty. Three were convicted on both counts; one was acquitted on the conspiracy count but convicted for possession with the intent to distribute. The Seventh Circuit vacated the conviction of one of the laborers and ordered a new trial, with consideration of an entrapment defense. In addition, failure to instruct the jury on the charge of simple possession was prejudicial error on these facts. The court vacated another defendant's sentence.
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