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United States v. Raymond L. Washington

Court of Appeals for the Fourth Circuit
1994 U.S. App. LEXIS 39561, 41 F.3d 917, 1994 WL 668296 (1994)
ELI5:

Rule of Law:

The act of sharing a controlled substance with another person constitutes "distribution" under 21 U.S.C. § 841(a)(1), regardless of whether a commercial transaction is involved. An intent to deliver or transfer a drug to another person is sufficient to establish an "intent to distribute."


Facts:

  • In March 1992, police arrested Raymond L. Washington for a traffic violation and found him in possession of 12.1 grams of crack cocaine, a pager, a $20 bill, and a 9mm pistol.
  • A search of the car revealed no drug paraphernalia associated with selling, such as scales or packaging materials.
  • Washington, an unemployed but heavy drug user, testified that the cocaine was for personal use.
  • On cross-examination, Washington admitted his friends had given him $450 to buy the cocaine because he could get a good price.
  • Washington testified that he intended to take the cocaine back to his friends so they could all use it together, explicitly stating he intended to share it.

Procedural Posture:

  • A federal grand jury indicted Raymond L. Washington on one count of possession with intent to distribute cocaine base and one count of a related firearm offense.
  • The case was tried before a jury in the U.S. District Court.
  • The jury returned a verdict of guilty on the possession with intent to distribute charge and not guilty on the firearm charge.
  • The district court sentenced Washington to 210 months in prison.
  • Washington, as the appellant, appealed his conviction to the U.S. Court of Appeals for the Fourth Circuit.

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Issue:

Does a person's intent to share drugs with friends, without a commercial sale, constitute "possession with intent to distribute" under 21 U.S.C. § 841(a)(1)?


Opinions:

Majority - Judge Russell

Yes, a person's intent to share drugs with friends constitutes "possession with intent to distribute" under 21 U.S.C. § 841(a)(1). The court reasoned that the statutory definition of "distribute" means "to deliver," and "deliver" is defined as the "actual, constructive, or attempted transfer of a controlled substance." This language is intentionally broad and is not limited to commercial sales. Citing precedent from other circuits like United States v. Ramirez, the court affirmed that sharing drugs is a form of distribution. The court rejected the Second Circuit's "joint possession" theory from United States v. Swiderski, which would treat simultaneous acquisition for shared personal use as simple possession, aligning instead with the Ninth Circuit's holding in United States v. Wright. Washington's own admission that he intended to share the cocaine with his friends was sufficient evidence to prove he possessed the drug with an intent to distribute.



Analysis:

This decision solidifies a broad interpretation of "distribution" under federal drug trafficking laws, clarifying that non-commercial transfers are included. It establishes in the Fourth Circuit that a defendant cannot use a "sharing" or "joint venture" defense to reduce a distribution charge to simple possession. The ruling aligns the circuit with the majority view among federal courts and creates a stronger precedent against defendants who acquire drugs on behalf of others, even for communal use. This broad interpretation significantly increases the legal jeopardy for individuals involved in group drug use, treating them as part of the distribution chain rather than mere end-users.

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