In an unpublished opinion released today, the Court of Appeals dismissed multiple drug indictments on the grounds of insufficient evidence, noting that "the record contains no statements from, or actions by, [the defendant] or his co-defendants suggesting he was aware of the presence of the contraband."
The court also dismissed a conspiracy charge that was associated with the drug distribution indictment, noting "Without evidence of 'an actual agreement between two or more persons . . . , Virginia law precludes a finding that a conspiracy exists.' The record is devoid of any statements or actions to support a finding that there was an agreement between [the defendant] and any other person to distribute cocaine."
The case was argued on December 6, 2016 by Matthew Stewart before a three judge panel of of the Court of Appeals at Richmond, Virginia.
The defendant had been serving a five year sentence in connection with the now dismissed charges.