I write again about cocaine litigation. In United States v. Fanfan, 468 F. 3d 7 (1st Cir. 2006), the Court affirmed a conviction for conspiracy to distribute cocaine. The Court assumed that the conspiracy had been terminated by the arrest of most of its members, but held that even so a post-conspiracy transaction in which the defendant attempted to distribute cocaine was admissible to prove modus operandi and identity. The arrested conspirator had paged the defendant, the government recorded the call, the arrested conspirator ordered cocaine and met the defendant by prearrangement. The defendant had cocaine and cocaine base in his automobile. This evidence was especially important because only one witness could identify the defendant as the man who supplied drugs and this witness had a plea deal with the government.
GREGORY CHANDLER, Attorney at Law
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