Is there any case law where a defendant has been convicted of possession with intent to distribute heroin as charged in Count Two?
MultiRegion, United States of America
The following excerpt is from U.S. v. Lopez, 17 F.3d 397 (9th Cir. 1994):
Lopez argues that the jury was permitted to convict him without first finding that someone else was guilty of possession with intent to distribute one kilogram or more of heroin as charged in Count Two. See United States v. Mann, 811 F.2d 495, 497 (9th Cir.1987) (proof that someone committed underlying crime is element of aiding and abetting).
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