Federal Drug Conspiracy and Distribution

Federal law provides that it shall be unlawful for any person knowingly or intentionally to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.

Depending on the amount of drugs involved, a person may be subject to mandatory minimum penalties of 5 or 10 years. If there are prior convictions, the mandatory penalties may be 20 years to life in prison.

Drug conspiracy charges are also often filed in federal court. Any person who attempts or conspires to commit any federal drug offense shall be subject to the same penalties as those prescribed for the underlying drug offense, the commission of which was the object of the attempt or conspiracy.

Significant cases:

• United States v. Gomez - It is not necessary for the defendant to know what type of substance is involved or the quantity of the substance. The government only needs to show that the defendant was aware that he was dealing with a controlled substance.
• United States v. Rutherford - If the indictment alleges that the defendant was involved in the sale of cocaine, but the evidence at trial shows that the transaction involved crack cocaine, this is inconsequential. If a defendant is charged with violating U.S.C. § 841, the government needs to show that any drug was involved, not specifically the substance alleged in the indictment.
• United States v. Toler - Direct evidence is not required to prove a conspiracy, circumstantial evidence may be enough. Inferences may be made from the conduct of alleged participants and from other circumstantial evidence.
• United States v. Noe - The government does not need to prove that an overt act was committed as part of the conspiracy.
• United States v. Wright - At least two participants are required for a conspiracy, neither of whom may be government agents or informers.
• United States v. Martinez - The government does not need to prove who the other conspirators are, simply that other parties were involved.
• Albernaz v. United States - A defendant may be convicted of two separate conspiracy offenses relating to one agreement. In this case, the defendant was convicted of both conspiring to import marijuana and conspiring to distribute marijuana.

Our Georgia criminal law firm has extensive experience in defending serious federal drug cases in the metro areas of Atlanta, Athens, Macon, Augusta, Savannah, Rome, Columbus, Albany, Valdosta, and in all other Georgia courts. Please contact us if you need an Atlanta Georgia criminal lawyer who has successfully resolved federal drug cases.

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