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Can a defendant conspire with a government informant or agent solely making agreement to purchase drugs ?
Anonymous2 views1 answers
This particular situation dealing with a reverse buy a defendant purchase 4 ounces herion from a informant. Come to found out the agent use intimation drugs to do the reversal charge him under the statue 44-53-370 as it was the actual drug stating that he conspire or attempted to purchase her I on.
This is a criminal defense question.
This sounds like you are implying there was entrapment.
D purchases heroin from an informant. So far so good. Agent used imitation drugs to do the reverse sting. So far so good.
Okay. Real simple. If someone is the buyer, purchasing from an informant, then the buyer cannot conspire to purchase heroin from someone acting as an agent for law enforcement. Conspiracy is an agreement between 2 or more people to do an unlawful act by lawful means or to do a lawful act by unlawful means; or an agreement to commit a crime by any means.
That said, if the CI was never intending to actually commit a crime (which appears to be the case) at best D is chargeable with the offence of attempted purchase of heroin.
However, be aware that if the CI prior to becoming a CI entered into other agreements to sell and/or purchase heroin or other drugs, then all bets are off.
This case US v. Edmonds explains that if the CI and D entered into an agreement to buy/sell drugs before the CI became an informant, then yes conspiracy is chargeable.
US v. Edmonds, link here:
http://www.ca4.uscourts.gov/opinions/Published/104895.p.pdf
