United States v. Clifford L. Rueter and Maurice D. Thoreson
Opinion
Opinion
Choy, J.
Rueter and Thoreson were convicted of conspiracy to possess, with intent to distribute, hashish, a controlled substance. Possession with intent to distribute is a crime under 21 U.S.C. § 841 (a)(1) and conspiracy to violate a narcotics law is prohibited by 21 U.S.C. § 846 .
On appeal they bring “Wharton’s Rule,” impossibility, and entrapment challenges against their convictions.
We affirm.
Facts
Thoreson approached a Drug Enforcement Administration (DEA) informant and said that he was looking for a major source of hashish. The informant introduced Thoreson to DEA undercover agents. Thoreson expressed interest in buying 106 kilograms of hashish for $110,000. The agent said he would provide the hashish, but the deal fell through.
Subsequently Thoreson brought Rueter to meet with the agents, describing Rueter as a long-time friend and business associate. Rueter said that he had buyers for 50 kilo grams at $1,800 per kilogram. The parties made arrangements for a sale of the 106 kilograms to Thoreson and Rueter with Rueter making a $27,000 cash down payment and the balance to be paid from the profits on this and another deal in which Rueter was engaged.