Sep. 9, 2022 – People v. Bueno (4th Dist., Div. 1, D078700)

Appellant argued he could not be convicted of conspiracy to deliver a cell phone to an inmate (PC 4576) because he was the inmate to whom the phone was delivered. Appellant invoked the federal “buyer-seller rule” under which conspiracy liability is precluded where the only relationship between the alleged conspirators is that of a buyer and seller. The Court of Appeal rejects this reasoning, finding appellant was not merely a receiver of the phone, but participated in a plan with a third party to obtain and deliver the phone.