Controlled Substances
Possession with intent; sufficiency of evidence

Where a defendant directed another to deliver to cocaine to his residence, the evidence is sufficient to support a conviction for possession with intent to deliver.

"Given the evidence of Mr. Campbell's prior negotiations with Montenegro, the jury was entitled to find that Mr. Campbell was orchestrating the purchase of a kilogram of cocaine from Montenegro and that Mr. Campbell had directed Montenegro to deliver the cocaine to his residence once Montenegro obtained the cocaine from Diaz. Additionally, the jury reasonably could have concluded that Mr. Campbell intentionally possessed the cocaine after Montenegro, at Mr. Campbell's instruction, left Mr. Campbell's residence without any instructions to take the cocaine with him. See Windom, 19 F.3d at 1200. The numerous phone calls between Montenegro and Mr. Campbell regarding the fronting scheme and Mr. Campbell's apprehension about the unidentified vehicle parked nearby dispel the notion that Mr. Campbell was a mere innocent bystander who was uninvolved in Montenegro's drug dealings. See Harris, 325 F.3d at 869."

Affirmed.

06-3606 U.S. v. Campbell

Appeal from the United States District Court for the Northern District of Illinois, Gottschall, J., Ripple, J.

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