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Conspiracy — sufficiency of the evidence

By: WISCONSIN LAW JOURNAL STAFF//May 7, 2012//

Conspiracy — sufficiency of the evidence

By: WISCONSIN LAW JOURNAL STAFF//May 7, 2012//

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United States Court of Appeals For the Seventh Circuit

Criminal

Conspiracy — sufficiency of the evidence

Where an auto dealer sold 20 vehicles over a six-month period to a drug dealer, for more than $1 million in cash, the evidence was sufficient to support a conviction for aiding and abetting a drug distribution conspiracy.

“Obaei emphasizes that he never bought, sold, possessed, or stored drugs for the customers of his auto dealerships. That he did not himself possess or sell drugs does not undermine the conspiracy conviction. The evidence on this count established that one of Obaei’s customers was a high-ranking drug dealer who purchased 20 vehicles during a six-month period paying in cash in a total amount exceeding $1 million. Obaei placed false liens on these vehicles because he knew they might be seized by law enforcement. As the putative lien holder, he provided the purchaser with a letter giving permission for the vehicles to cross the border into Mexico in an attempt to provide the cover of legitimacy for the border crossing. And Obaei agreed to—and indeed later attempted to—retrieve the vehicles seized by law enforcement. Viewed in the light most favorable to the verdict, the evidence was easily sufficient to convict Obaei of aiding and abetting a drug-distribution conspiracy.”

Affirmed.

08-1879 & 08-1880 U.S. v. Hosseini

Appeals from the United States District Court for the Northern District of Illinois, Shadur, J., Sykes, J.

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