United States v. James LaPointe
2012 U.S. App. LEXIS 16844
| 6th Cir. | 2012Background
- LaPointe participated in an oxycodone trafficking network from summer 2009 to Oct 27, 2009; Barabas shipped pills to Knoxville, Wallace received and distributed, fronted pills on credit; Wallace paid Barabas from proceeds and kept some pills for direct sale; LaPointe communicated with Wallace, sometimes obtaining pills on credit and discussing customers; indictment charged Count I as conspiracy to distribute and conspiracy to possess with intent to distribute, and Count II as attempted possession with intent to distribute; district court denied a lesser-included offense instruction for Count I and ultimately LaPointe was convicted on both counts but Count I reversed and remanded for new trial; Count II's conviction for attempted possession with intent to distribute was upheld.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether conspiracy to possess is a lesser-included offense of conspiracy to possess with intent to distribute | LaPointe entitled to lesser offense instruction | Colon forecloses; no lesser include | Error in denial; lesser instruction required |
| Whether the lesser offense instruction should have been granted where the same core facts prove both offenses | Common core supports both conspiracies | Different conspiratorial intents require separate instruction | Yes, should have been granted; reversal on Count I for new trial |
| Whether there was sufficient evidence of a substantial step toward possession on Count II | Evidence showed substantial step through facilitation | Arrest occurred before substantive step | Evidence supported substantial step; Count II affirmed |
Key Cases Cited
- United States v. Colon, 268 F.3d 367 (2001) (test for lesser-included offense of conspiracy claims)
- United States v. Boidi, 568 F.3d 24 (1st Cir. 2009) (conspiracy to possess with intent to distribute may be lesser if same evidence supports both)
- United States v. McAuliffe, 490 F.3d 526 (6th Cir. 2007) (informs charge/constrain on lesser-included inquiry)
- Beck v. Alabama, 447 U.S. 625 (1980) (instructional safeguard for lesser-included offenses)
- Ingram v. United States, 360 U.S. 672 (1959) (single conspiracy may have multiple objectives)