United States v. Rosado-Fernandez
United States Court of Appeals for the Fifth Circuit
614 F.2d 50 (1980)
An undercover DEA agent negotiated to buy cocaine from Jose Eligio Borges (defendant), who arranged a meeting with his "supplier," Oscar Rosado-Fernandez (defendant); Rosado later quoted a price directly to the agent in recorded calls, and the group met at a third co-defendant's home where cocaine was presented, though a fourth co-defendant dumped it in a pool as agents moved in to arrest everyone. All defendants were convicted of conspiracy and possession with intent to distribute; Borges argued on appeal there was insufficient evidence to convict him of conspiracy or possession since he never had actual possession of the drugs and the Rosado-Garcia transaction was a separate conspiracy he hadn't arranged.
Whether, to be convicted under the federal conspiracy statute, co-conspirators must have a criminal intent and knowledge of the conspiracy's general objectives and scope.