context: The district court imputed knowledge to Tapia-Ortiz based on the statement of Cede-no, his alleged co-conspirator, that Tapia-Ortiz would serve as the buyer in both transactions. Yet even if we assume arguendo that Tapia-Ortiz was involved in an uncharged conspiracy with Cedeno, the Government must show that the actions of Cedeno were in furtherance of the conspiracy and were reasonably foreseeable to Tapia-Ortiz before Tapia-Ortiz can be held responsible for them.
citation_a.signal: see
citation_a.parenthetical: co-conspirator cannot be sentenced for certain conspiratorial acts unless there is proof that he knew or should have known about the details of those acts or could reasonably foresee that they would occur
citation_a.sentence: See United States v. Miranda-Ortiz, 926 F.2d 172, 177-78 (2d Cir.) (co-conspirator cannot be sentenced for certain conspiratorial acts unless there is proof that he knew or should have known about the details of those acts or could reasonably foresee that they would occur), cert. denied, — U.S. --, 112 S.Ct. 347, 116 L.Ed.2d 287 (1991); see also United States v. Martinez, 987 F.2d 920, 926 (2d Cir.1993) (conspirator’s reasonable knowledge of relevant conduct is required by statute imposing mandatory minimum sentences for certain drug offenses).
citation_b.signal: see also
citation_b.identifier: 987 F.2d 920, 926
citation_b.parenthetical: conspirator's reasonable knowledge of relevant conduct is required by statute imposing mandatory minimum sentences for certain drug offenses
citation_b.sentence: See United States v. Miranda-Ortiz, 926 F.2d 172, 177-78 (2d Cir.) (co-conspirator cannot be sentenced for certain conspiratorial acts unless there is proof that he knew or should have known about the details of those acts or could reasonably foresee that they would occur), cert. denied, — U.S. --, 112 S.Ct. 347, 116 L.Ed.2d 287 (1991); see also United States v. Martinez, 987 F.2d 920, 926 (2d Cir.1993) (conspirator’s reasonable knowledge of relevant conduct is required by statute imposing mandatory minimum sentences for certain drug offenses).