United States v. Ross, No. 19-3524 (8th Cir. 2021)
Annotate this CaseThe Eighth Circuit affirmed defendant's conviction for distribution of heroin, fentanyl, and furanyl fentanyl resulting in victim's death. The court concluded that a reasonable factfinder could find that defendant distributed the fentanyl that caused the victim's death. In this case, defendant, a known drug dealer, delivered the two grams in two packages and defendant was aware at the time he left the victim's motel room that the victim had overdosed and was unconscious. Moreover, that the trace amount of loose powder on the desk was pure fentanyl—and not the three-drug mixture of the unopened package—does not disprove that defendant distributed the drug to the victim.
Court Description: [Wollman, Author, with Colloton and Shepherd, Circuit Judges] Criminal case - Criminal law. The government proved that the fentanyl defendant provided to the victim caused his death, and the evidence was sufficient to support defendant's conviction for distribution of the drug resulting in death, in violation of 21 U.S.C. 841(a)(1), 841(b)(1)(C) and 851.
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