United States v. Jangula, No. 13-1812 (8th Cir. 2013)
Annotate this CaseDefendant appealed his conviction for conspiracy to distribute or possess with intent to distribute marijuana. The court concluded that the district court did not err by refusing to give defendant's requested instruction on the lesser included offense of conspiracy to possess marijuana where the evidence would not have allowed a rational jury to find defendant not guilty of the greater offense and guilty of the lesser offense. Accordingly, the court affirmed the judgment of the district court.
Court Description: Criminal Case - conviction. District court did not err in rejecting a lesser included offense instruction for conspiracy to possess marijuana in addition to the conspiracy to distribute, as there was no evidence of an agreement for the purpose of simply possessing marijuana; all evidence pointed to a conspiracy to distribute. [ November 20, 2013
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