I dare say that the average reader here at the RX would be stunned out of their shoes to realize how our federal drug laws work.
"Conspiracy" to possess and/or distribute an illegal drug, by federal law, could mean literally anything.
Here's how it works and why there was a lag time of 3+ years.
Dude (we'll call him DD) is a real trafficker of illegal drugs.
Dude is busted by the feds.
For any significant weight - and five kilos is more than plenty - he will be facing a mandatory minumum sentence of 15+ years with no chance of parole.
BUT, here's the rub. IF Dude can provide 'substansial cooperation' to the feds, he will be facing greatly reduced charges.
How does he cooperate? By naming anyone and everyone he knows who might even be remotely connected to the cocaine deals.
Under federal drug conspiracy laws, ANY participation whatsoever is sufficient to indict when combined with the testimony of Dude.
There does not have to be any evidence of actual possession by Lewis.
There does not have to be any evidence of actual sales by Lewis.
There does not have to be any other witnesses, phone recordings or videotapes of Lewis doing anything.
ALL IT TAKES is Dude's testimony.
Oh wait, you might say, doesn't that give Dude motivation to lie his ass off when naming names?
Yep, it sure does.
And yep, that's just one of many reasons why our federal drug laws are incredibly out of whack.
The cited phone conversation could have happened in a number of ways.
Dude calls him by cell phone with Feds listening. Dude says, "Hey, I can get this coke and sell it to your friends and you can get a markup!!"
And Lewis responds, "Yeah".
What we don't know is what was said AFTER that. Did Lewis then say, "Well thanks for the info, but I'm not interested."
We'll likely never know. But that will be introduced as evidence, along with Dude testifying that later, after the taped phone call, that he sold to people Lewis knows (Lewis' friends) and that he did so thanks to the help of Lewis.
Case closed.