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Court Vacates One Drug Conspiracy Conviction Only to Mandate Another

By Jonathan Byrne

US v. Hickman: Hickman was charged in a multi-defendant indictment with conspiracy to distribute and possess with intent to distribute more than one kilogram of heroin and possession with intent. He alone went to trial and was convicted. Pursuant to 21 USC 851, he was sentenced to life on the conspiracy count and 360 months on the possession count. He was arrested in a traffic stop after he drove away from purchasing 32.14 grams of heroin from a codefendant. Subsequent searches of one of his codefendant's offices uncovered 25,000 empty vials of the type typically used to distribute heroin. Although Hickman contacted his codefendant after being released by police and inquired about further purchases, none ever transpired.At trial, although all of Hickman's six codefendants had pleaded guilty, none of them testified, nor did the Government produce testimony from any other participant in the conspiracy...continue to full post

Full post as published by Fourth Circuit Blog on December 06, 2010 (boomark / email).