In federal drug cases, defendants often argue the buyer-seller relationship defense. This defense claims that simply buying drugs for personal use does not make someone part of a larger conspiracy to distribute. However, courts closely review the evidence to see whether a person truly acted only as a buyer, or if they took steps that support drug trafficking.

In United States v. McIntosh, the Ninth Circuit confirmed that the buyer-seller defense has limits. The court found enough evidence to show McIntosh was more than a personal user. Intercepted phone calls revealed that he agreed to buy $2,500 worth of heroin, an amount far greater than what most people would use for themselves. In addition, he admitted to reselling drugs and receiving “little pay” from another conspirator. Another co-defendant even testified that McIntosh helped distribute drugs inside the prison.

Because of this evidence, the jury could reasonably conclude that McIntosh joined the conspiracy to distribute, not just purchase for himself. Courts regularly examine the entire course of dealings between people, including how often they buy, how much they purchase, and whether they profit from resale. These factors often make the difference between a simple user and a conspirator.

The district court also decided that one of the conspirators, Devault, should serve his federal sentence after finishing his state sentence. This is called a consecutive sentence. If the court had made the sentences run at the same time (concurrent), Devault would not have faced any extra punishment. Because he was already serving a life sentence when he committed these crimes, a concurrent sentence would have given him no real penalty. The court explained that such a result would undermine deterrence, one of the key goals of sentencing.

Although the judge’s explanation was brief, the record showed that the court considered the presentence report, both sides’ arguments, and the evidence presented. Federal law does not always require lengthy explanations if the reasoning can be clearly understood from the record.

📄 Full case here: U.S. v. Lamont Devault & Deandre McIntosh

Frequently Asked Questions

What is the buyer-seller relationship defense?
It is a defense that argues a person who only buys drugs for their own use is not part of a conspiracy to distribute.

How do prosecutors challenge this defense?
They usually show evidence such as large purchases, profit from resales, coded messages, or testimony from co-conspirators.

Why does the amount of drugs matter?
Courts often view large drug quantities as proof that the buyer intended to resell, not just use personally.

Can a defense lawyer in San Diego help with these cases?
Yes. An experienced federal criminal defense attorney can challenge the evidence, argue the buyer-seller defense, and protect a client’s rights at trial.

Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
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