Atkinson, 23, of Mankato, pleaded no contest to attempted possession of marijuana and attempted possession of money while violating drug laws, both misdemeanors. In September, Strong gave him 360 days in jail and fined him $2,000. He finished serving the sentence April 25.

Felsheim opted for a trial, at which both sides agreed to the facts.

The question for the judge was this: Did Felsheim commit a crime in Nebraska if he wasn't buying or selling drugs here?

In arguing it is not a violation of Nebraska law to conspire to break the law of another state, defense attorney Tim Sullivan pointed to State v. Karsten, a 1975 Nebraska Supreme Court ruling.

In the case, a man was convicted of conspiracy to assault a man in Colorado for planning and paying a man in Nebraska to commit the act. The assault never took place, and the conviction ultimately was overturned.

Here, the state argued it was logical to infer Felsheim intended to bring drugs into Nebraska. But Strong found no evidence of that.