United States v. John Castrillon and Jose Martinez

Defendants-Appellants John Castrillon and Jose Martinez were convicted of conspiring to distribute and possess with intent to distribute more than one kilogram of heroin in violation of 21 U.S.C. §§ 841(b)(1)(A), 846. The district court (Stein, J.) sentenced each defendant to 120 months’ imprisonment. Appealing their convictions and sentences, Defendants claim that the district court failed to instruct the jury that, in order to convict them of narcotics conspiracy, the jury must find that the defendants knew, or could reasonably foresee, that the conspiracy involved the distribution of more…