Legal Opinion
United States v. Walter Swiderski and Maritza De Los Santos
Court of Appeals for the Second Circuit
Decided February 1, 1977No. 633, 634, Dockets 76-1415, 76-1430PublishedCited by 122 opinions
1Opinion of the Court
MANSFIELD, Circuit Judge:
This appeal raises a nice question that appears to be one of first impression: whether joint purchasers and possessors of a controlled substance, who intend to share it between themselves as users, may be found guilty of the felony of possession “with intent to distribute” as that phrase is used in Title 21 U.S.C. § 841(a)(1), as distinguished from simple possession in violation of § 844, which is a misdemeanor. We hold that they may not.
Appellants Walter Swiderski and Maritza De Los Santos were convicted of one count of possession with intent to distribute 21.5 grams…
2Cases cited10 opinions
- Bernard Austin v. United StatesCourt of Appeals for the D.C. Circuit · 1967
- United States v. Kelley Davis A/K/A Tee, in No. 71-1778, and Inez Davis. Appeal of Inez Davis, in No. 71-1779Court of Appeals for the Third Circuit · 1972
- United States v. Susanne M. Hutchinson, United States of America v. Gordon EnnisCourt of Appeals for the Eighth Circuit · 1974
- United States v. SawyerCourt of Appeals for the Third Circuit · 1954
- United States v. Frank MasulloCourt of Appeals for the Second Circuit · 1973
5 more not listed; retrieve them via the Exa API.
3Cited by122 opinions
- United States v. Wendell LayneCourt of Appeals for the Sixth Circuit · 1999
- United States v. Gurmeet Singh DhinsaCourt of Appeals for the Second Circuit · 2001
- United States v. TerryCourt of Appeals for the Second Circuit · 1983
- United States v. RushCourt of Appeals for the First Circuit · 1984
- United States v. Vito Lorusso and Joseph ErranteCourt of Appeals for the Second Circuit · 1982
117 more not listed; retrieve them via the Exa API.