What is the evidence sufficient to sustain a conviction for possession of cocaine with intent to distribute?

MultiRegion, United States of America

The following excerpt is from USA v. Magallon-Jimenez, 219 F.3d 1109 (9th Cir. 2000):

Finally, the government has produced evidence sufficient to conclude that Magallon intended to distribute the cocaine. Magallon possessed approximately five kilograms of cocaine, which, as noted by the district court, is not an amount ordinarily associated with personal use. We have repeatedly inferred an intent to distribute from a large quantity of drugs, see, e.g., United States v. Davila-Escovedo , 36 F.3d 840, 843 (9th Cir. 1994) (citing

Page 1114

United States v. Savinovich, 845 F.2d 834, 838 (9th Cir. 1988)), and the five kilograms at issue here, which were recovered in the midst of a drug transaction, are certainly sufficient to support such an inference and to sustain Magallon's conviction under 21 U.S.C. S 841(a)(1).

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