In U.S. v. Bacon, No. 08-10463 (March 4, 2010), the Court affirmed multi-defendant drug trafficking convictions, but vacated one sentence.
The Court rejected sufficiency of the evidence challenges, noting that the jury could rely on a defendant’s presence at a drug exchange as probative evidence.
Turning to sentencing, the Court found plain error in the district court’s failure to determine whether one defendant qualified for a mandatory minimum sentence based only on the quantity of drugs individually attributable to him.
