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073928P.pdf 10/22/2008 United States v. Damien Foxx
U.S. Court of Appeals Case No: 07-3928
and No: 08-1009
and No: 08-1010
U.S. District Court for the Western District of Missouri - Springfield
[PUBLISHED] [Melloy, Author, with Arnold and Benton, Circuit Judges]
Criminal Case - conviction and sentence. In consolidated appeals of
three co-defendants convicted of conspiring to distribute 1000 kilograms
or more of marijuana, evidence was sufficient to support conviction for
conspiracy to distribute marijuana, conspiracy to commit money
laundering, and criminal forfeiture of Damien Foxx. Sufficient evidence
supported Willie Foxx's conviction, as a reasonable jury could conclude
he could have reasonably foreseen the extent of the conspiracy.
Sufficient evidence supported that Danny Osborne was involved in the
conspiracy and could reasonably foresee the extent of the conspiracy,
notwithstanding that he joined the conspiracy after the majority of the
drugs were distributed. Judge Arnold dissents from the determination
that Osborne's sentence be based on distribution that occurred before he
joined the conspiracy.