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United States v. Marshall

(1993)

United States Court of Appeals for the Seventh Circuit - 985 F.2d 901

tl;dr:

The weight of the paper on which LSD is sold counts as part of the weight of LSD under the Controlled Substances Act.

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Facts & HoldingUnited States v. Marshall case brief facts & holding

Facts:The Controlled Substances Act (CSA) makes it a crime to...

Holding:Holding (Easterbrook): The CSA does not explicitly say what is...

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United States v. Marshall | Case Brief DeepDive
Majority opinion, author: WILL, Senior District Judge.
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Defendants Marshall and Elliot were convicted of distributing cocaine in multiple cities and violating firearm laws. They appealed their convictions, but the district court's rulings were affirmed. The court clarified that to establish conspiracy, the government only needs to prove an agreement between two or more persons to commit the crimes. The defendants claimed that they were denied a fair trial due to the prejudicial surplusage of the indictment, but they did not file a motion to strike the alleged surplusage, nor did they object during the trial. The court found that the language in an indictment may be eliminated if it is deemed unnecessary, but in this case, the language was not inflammatory or prejudicial. The court held that a conspiracy remains a single conspiracy as long as it continues towards its common objective, even if participants change roles or functions. The court did not err in failing to give a multiple conspiracy instruction. The court did not err in denying the production of the agent's notes because an agent's summary of a witness' oral statement that is not signed or adopted by the witness is not subject to disclosure under the Jencks Act.

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