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Name: U.S. v. Recio
Court: US Court of Appeals
District 9 Cir
Opinion Date: 09/27/2000
Subsequent History: None

The court reversed the convictions for insufficiency of the evidence for both codefendants’ convictions of conspiracy to possess a controlled substance with intent to distribute. At their first trial, the evidence showed that federal officers had seized a truck containing drugs and the defendants then came to pick up the truck. Although the defendants gave false statements to the officers, there is no indication that their role was more extensive than drivers hired at the last minute. Under federal law set forth in United States v. Cruz (9th Cir. 1997) 127 F.3d 791, a conspiracy ends at the time drugs are confiscated. Here there was no evidence that the defendants participated in the conspiracy before the seizure. The convictions were reversed and dismissed with prejudice. Judge Gould dissented.