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Criminal Law Keyed to Gershowitz
United States v. Yossunthorn
Citation:
167 F.3d 1267.Facts
In 1992, 1993, and 1995, Throngboon Kulkovit made heroin deliveries both directly to Mekvichitsang and, at Mekvichitsang’s direction, to Yossunthorn, whom Mekvichitsang described as “one of his workers.” In 1995, Kulkovit was arrested and he began cooperating with the government. He agreed to meet with the defendants at a McDonald’s for a heroin transaction.
Kovittamakron refused to meet with Mekvichitsang on December 7 as planned, but government agents saw Yossunthorn standing in the McDonald’s parking lot by his parked car, walking through the parking lot, and looking at cars and people that entered the lot. They also saw Mekvichitsang drive slowly past the McDonald’s. Mekvichitsang left the area without ever entering the McDonald’s lot. Mekvichitsang and Yossunthorn were arrested shortly thereafter.
Defendant Paiboon Mekvichitsang was convicted of conspiracy and attempted possession with intent to distribute heroin. Defendant Sunthorn Yossunthorn was convicted of attempted possession with intent to distribute drugs. They both appealed.
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