U.S. v. THOMAS

No. 97-1738.

150 F.3d 743 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Darrell W. THOMAS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 23, 1998.


Attorney(s) appearing for the Case

Deirdre A. Durborow (argued), Office of the United States Attorney, Criminal Division, Fairview Heights, IL, for Plaintiff-Appellee.

John F. Garvey (argued), Leritz, Plunkert & Bruning, St. Louis, MO, Thomas L. O'Carroll, Chicago, IL, for Defendant-Appellant.

Before ESCHBACH, EASTERBROOK, and DIANE P. WOOD, Circuit Judges.


PER CURIAM.

Darrell Thomas sold crack cocaine to an informant in controlled transactions that were recorded on audio tape. Puzzlingly, the prosecutor charged Thomas with conspiracy to distribute drugs but not with their actual distribution. Conspiracy was much harder to establish, for the evidence was as consistent with intermittent sales as it was with criminal conspiracy, which is "an agreement to commit a crime other than the crime that consists of the sale itself...

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