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

Asked 8 months ago - 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. Nicholas J. Moore

    Contributor Level 9

    10

    Lawyers agree

    Answered . 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.

  2. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Yes

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
  3. Yaniv Kenan

    Contributor Level 11

    8

    Lawyers agree

    Answered . 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... more
  4. Stephen F Wallace

    Contributor Level 19

    8

    Lawyers agree

    Answered . 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.

  5. Raymond George Wigell

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . 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

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