Willing participant in crime of drug possession with intent to distribute may not escape liability by leaving actual distribution to another

JURY INSTRUCTION United States v. Triana, No. 06-7054, ___ F.3d ___ (10th Cir. Feb. 26, 2007)(E.D. Oklahoma). Appeal of convictions for possession of methamphetamine with intent to distribute and possession of firearm in furtherance of drug trafficking crime in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(viii), and 18 U.S.C. § 924(c)(1)(A)(I) and (c)(2) . HELD: Defendant jointly possessing methamphetamine with another with intent that other party handle distribution is guilty of possession with intent to distribute. Defendant who is willing participant in crime of possession of drugs with intent to distribute may not escape liability by keeping hands clean of actual distribution. Read the opinion here.