In what circumstances will a defendant be convicted of possession with intent to distribute, conspiracy and importation of drugs?

We disagree with Oguns' contention that our holding in Nusraty requires a different result. In Nusraty we dismissed for insufficient evidence convictions for possession with intent to distribute, conspiracy and importation. But the evidence adduced in that case differed considerably from the evidence implicating Oguns. In Nusraty, the defendant met the drug courier in a public place (an airport), refused to accept the drugs (contained in a suit) after briefly conversing with the courier, and then walked away from him. Here, Oguns spoke on three occasions to the drug courier by telephone, then invited the courier to come to his home, and, upon his arrival, paid for his cab fare, grabbed his garment bag, and proceeded up the walk toward his apartment. In sum, Oguns exercised a "purposive attitude" towards the criminal venture, one sufficient to convict him of aiding and abetting it. United States v. Peoni, 100 F.2d 401, 402 (2d Cir.1938).