United States v. Diaz

United States Court of Appeals for the Seventh Circuit

864 F.2d 544 (7th Cir. 1988)

Relevant factsFree

Diaz (defendant) and Peirallo agreed to sell cocaine to an undercover DEA agent, not knowing their buyer was law enforcement; Peirallo carried a gun to the deal in case anyone tried to steal the drugs. When the agent signaled the arrest, both men were taken into custody. Diaz was convicted of conspiracy to distribute cocaine and of using a firearm in relation to a drug-trafficking crime, and appealed the firearm conviction on the ground that he personally was unarmed.

IssueFree

Whether an individual can be held liable for a coconspirator's use of a firearm even though the individual was himself unarmed during the conspiracy.

Holding & reasoning

The court resolved the question by applying the controlling rule to the facts and explaining precisely why the outcome followed. Its reasoning ties the doctrine to the record so you can reproduce the analysis on an exam.

Procedural history, concurrence & dissent

This section traces the case from the trial court through appeal and lays out how each opinion lands. Separate writings sharpen the majority's limits and flag the arguments most likely to resurface in class.

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