United States v. Rosado-Fernandez

614 F.2d 50 (5th Cir. 1980).

Facts

Borges (D) agreed to arrange a cocaine sale to Lawler, an undercover DEA agent. D introduced Lawler to Rosado (D1). D1 and Lawler made a deal for a cocaine transaction with D present. Subsequently, D1 arranged for a meeting with Lawler at Garcia's (D2) home, where cocaine was shown for sale. The conspirators were arrested and convicted of conspiracy to possess with intent to sell cocaine. D appealed; the transaction with D1, D2, and Lawler did not involve him and was a separate conspiracy.