Conviction for conspiracy to distribute cocaine reversed for insufficient evidence of drug quantity

TRIAL United States v. Dunmire, No. 04-3002, ___ F.3d ___(10th Cir. Apr. 5, 2005)(Kansas). Appeal of conviction for conspiracy to distribute cocaine. HELD: Government failed to provide sufficient evidence for conviction where: (1) only direct evidence of drug quantity presented to jury was single transaction involving amount less than that for which defendant was convicted; and (2) government failed to present evidence from which jury could reasonably infer that amount defendant agreed to distribute totaled more than five gram quantity of conviction. Read the opinion here.