United States v. Rowe

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Pierce was arrested after about 10 grams of marijuana and 40 grams of heroin were discovered in the rental car he was driving. Pierce offered to cooperate and subsequently made controlled transactions under surveillance. On June 25, Pierce paid Rowe $3900 and received 198.86 grams of heroin; on June 27, Pierce paid him $7000 in pre-recorded bills for heroin Pierce had previously received. Rowe was arrested. Officers recovered a notebook, several cell phones, and cash that matched the pre-recorded bills. Charged with distribution and possession with intent to distribute 1000 grams of heroin, 21 U.S.C. 841(a)(1) and (b)(1)(A), Rowe conceded that he distributed approximately 200 grams. The jury returned a general verdict finding Rowe guilty of the offense in the amounts of both 1000 grams or more and 100 grams or more. The Third Circuit vacated and remanded for entry of judgment based on 100 grams. The evidence was insufficient to support the 1000-gram verdict. The government did not present evidence of a single distribution involving 1000 grams or more of heroin. The prosecutor mistakenly believed that distribution of 1000 grams could be proven by combining several distributions. The district court confirmed that the government was mistaken, but erroneously found that because Rowe was also charged with possession with intent to distribute, a continuing offense, the verdict could stand. View "United States v. Rowe" on Justia Law