The defendants’ exchange of $20,000 cash for the 20 kilograms of packaged cocaine demonstrates that the defendants knowingly, intentionally, and unlawfully attempted to possess cocaine with the intent to distribute the cocaine. Arranging with Summers, who was in Syracuse, NY to meet the delivery driver in Fremont, Ohio and to exchange cash for cocaine is evidence that the defendants knowingly, intentionally, and unlawfully attempted to possess cocaine and consequently, venue in the Northern District of NY is proper. To prove attempt, the people need only establish that the defendant had the intent to commit the underlying offense and the defendant took a substantial step towards that end. Anderson, 747 F.3d at 73. Furthermore, like conspiracy, …show more content…
This demonstrates the necessary nexus between the activities in the Northern District and the defendants themselves. The following facts show the defendants’ attempt to commit the offense of possession with intent to distribute cocaine: (1) defendants drove two vehicles to the cocaine for cash exchange truck stop in Fremont, Ohio; (2) defendants followed the delivery driver from the restroom back to his truck; (3) the defendants instructed the driver to place the cocaine bag in the Suburban and to take the cash bag back to his truck; (4) the driver of the Suburban followed the Mustang driver (and passenger) out of the truck stop; (5) the drivers attempted to prevent the lawful stop of their vehicles and ended up driving the Suburban into a ditch; and (6) the Suburban driver exited his vehicle after running off the road and entered the Mustang in an effort to elude capture. This is distinguished from the Thomas case, in that here, there is a pre-trial motion for dismissal and the people still have ample time to successfully demonstrate that a causal link exists between the actions in Syracuse, NY and the defendants’ actions. Id. Specifically, the People will have the opportunity to prove that the defendants called Summers while he was in the Northern District in order to arrange for the purchase of the 20 kilograms of