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In a federal drug conspiracy, can one be prosecuted if his seller cannot be identified?

San Francisco, CA |

In a federal drug conspiracy, can one be prosecuted if his seller cannot be identified? For example, A buys drugs Anonymous to distribute and Anonymous also sells drugs to B to distribute? Can the case be prosecuted as a conspiracy between A and B without the identity of Anonymous being known?

Attorney Answers 5

  1. If the person is a CI, you may not be able to know the identity unless there is a motion to produce the name. Otherwise they could not prove an agreement.

  2. One can still be prosecuted under conspiracy to commit a crime and the commission of that crime, even if the seller is not identified. A common reason the seller is not identified is they are an undercover officer. The scenario you have described is a hub-and-spoke conspiracy.

  3. Yes


  4. I believe they call them "confidential human source."

    The response above is not intended as legal advice. This response is for educational purposes only. I have not met with you and I am not knowledgeable about the specific details of your case. Each case is unique and different. Therefore, it is highly recommended that you contact and meet with a licensed criminal defense attorney to discuss your specific circumstances. In addition, an attorney-client relationship is not created by virtue of this response.

  5. Yes, Many other factors must be considered to answer your question with an answer it deserves.

    Of course, every answer or response is based on the information provided in the question asked and requires a much more complete context than is available in this public forum. This answer/response should NOT be relied upon to make any legal decisions. Seek the advice of an experienced Federal and/or state criminal defense attorney in your jurisdiction BEFORE you say or do anything.

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