United States v. Anthony Conway

754 F.3d 580, 2014 WL 2576338
CourtCourt of Appeals for the Eighth Circuit
DecidedJune 10, 2014
Docket12-3809, 12-3974, 13-1129
StatusPublished
Cited by34 cases

This text of 754 F.3d 580 (United States v. Anthony Conway) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Anthony Conway, 754 F.3d 580, 2014 WL 2576338 (8th Cir. 2014).

Opinions

SMITH, Circuit Judge.

The government indicted 12 individuals connected to a crack-cocaine distribution network in Clinton, Iowa. The indictment alleged various drug and weapons charges. Three of those individuals proceeded to trial and were convicted. Those three individuals now appeal.

A grand jury indicted Anthony Conway, Kendall Robinson, and Excell James Randolph each with conspiracy to manufacture, distribute, and possess with intent to distribute 280 grams or more of crack and cocaine, in violation of 21 U.S.C. §§ 846, 841(a)(1), 841(b)(1)(A), and 841(b)(1)(C). After a six-day trial, a jury found each defendant guilty. Each defendant now challenges the sufficiency of the evidence used to support his conviction. Robinson also challenges the sufficiency of the evidence that supported the jury’s guilty verdict as to his various weapons charges. Robinson and Randolph also challenge the district court’s 1 denial of their request to provide a “buyer-seller” instruction. Finally, Randolph contends that the district court erred by denying his request to provide a preliminary instruction concerning multiple conspiracies. We affirm.

I. Background

When reviewing a jury’s verdict, “[t]his court views the entire record in the light most favorable to the government, resolves all evidentiary conflicts accordingly, and accepts all reasonable inferences supporting the jury’s verdict.” United States v. Boesen, 491 F.3d 852, 856 (8th Cir.2007) (citations omitted).

From 2008-2011, several individuals formed a loose-knit crack-cocaine distribution network in Clinton, Iowa. The lead distributor was a group calling itself the “Co-op.” The Co-op consisted of four individuals—John Lewis, Tavares Jones, Thomas Kitt, and Jonathan Spates. Spates was a drug supplier from Rockford, Illinois. Lewis and Jones began traveling to Rockford in early 2010 to purchase substantial quantities of crack and powder [586]*586cocaine from Spates. Lewis and Jones then returned to Clinton for distribution. Kitt later joined Lewis and Jones in pooling their money to purchase crack from Spates for distribution in Clinton. Lewis testified that “[t]he Co-op [was] just like a group of guys that everybody else is coming to buy drugs from.” Spates later began traveling to Clinton to distribute crack with Lewis, Jones, and Kitt.

A second important group within the conspiracy consisted of individuals who relocated to Clinton from Chicago, Illinois, to sell crack. Randolph left Chicago and began distributing crack in Sioux City, Iowa. One of Randolph’s childhood acquaintances from Chicago, Carley Campbell, recruited Randolph to Clinton by emphasizing the potential for increased profits and decreased violence. Randolph agreed to relocate to Clinton. Because Randolph was unfamiliar with many of Clinton’s residents, he distributed crack to other dealers, including Campbell. Randolph recruited other Chicago and Sioux City acquaintances to Clinton for the purposes of crack distribution.

Finally, the network included a third group consisting of low-level crack users who bought from distributors. Many of these users allowed distributors to use their residences as distribution points in exchange for money or crack. Conway, Robinson, and Randolph each distributed crack out of these residences on occasion.

Conway, Randolph, and Robinson knew each other through this network. Upon traveling to Clinton, Spates met Conway and began distributing crack and powder cocaine directly to him. Lewis also testified that he sold crack to Conway. Kitt sold crack to Randolph “on numerous occasions.” Meanwhile, Conway and Randolph befriended each other soon after Randolph moved to Clinton. They developed an arrangement where, if either party had little or no crack to distribute and needed money, the other party would provide crack to him. Conway also referred his customers to Randolph when Conway had no crack to distribute. Finally, they often sold crack from the same location and converted powder cocaine to crack cocaine together.

Lewis also supplied Robinson with crack and powder cocaine. Lewis testified that Robinson “purchased drugs from me on numerous occasions.” Robinson accompanied Lewis, Jones, and Kitt to Rockford at least once to purchase crack. Robinson formed a distribution relationship with Thomas Brown, a Clinton dealer. Robinson “fronted”2 crack to Brown, who then distributed the crack to users. Robinson also sold crack to Campbell as well as many of Conway’s and Randolph’s customers.

On March 1, 2010, police recorded phone calls between Randolph and an informant in which they planned a crack deal. The informant then met Randolph and made a controlled purchase of crack. On December 7, 2010, authorities stopped a car in which Robinson was a passenger. The officers who performed the stop knew Robinson and knew that he was the subject of an active arrest warrant. After arresting Robinson, police discovered two packages of cocaine in his possession.

II. Discussicnt

On appeal, all three defendants challenge the sufficiency of the evidence underlying their convictions for conspiracy to [587]*587manufacture, distribute, and possess with intent to distribute 280 grams or more of crack and cocaine. Robinson also challenges the sufficiency of the evidence underlying his three weapons convictions. Randolph and Robinson appeal the district court’s denial of their request to provide a “buyer-seller” instruction, and Randolph separately challenges the district court’s denial of his request to provide a preliminary “multiple conspiracies” instruction.

A. Sufficiency of the Evidence

“We review the sufficiency of the evidence de novo, viewing evidence in the light most favorable to the government, resolving conflicts in the government’s favor, and accepting all reasonable inferences that support the verdict.” United States v. Polk, 715 F.3d 238, 245 (8th Cir.2013) (quotation and citation omitted). “We will reverse ‘only if no reasonable jury could have found the defendant guilty beyond a reasonable doubt.’” Slagg, 651 F.3d at 839 (quoting United States v. Donnell, 596 F.3d 913, 924 (8th Cir.2010)).

“To establish that a defendant conspired to distribute drugs under 21 U.S.C. § 846, the government must prove: (1) that there was a conspiracy, i.e., an agreement to distribute the drugs; (2) that the defendant knew of the conspiracy; and (3) that the defendant intentionally joined the conspiracy.” Slagg, 651 F.3d at 840 (quotation and citation omitted). “An agreement to join a conspiracy need not be explicit but may be inferred from the facts and circumstances of the case.” Id. (quotation and citations omitted). “Proof of a common plan or tacit understanding is sufficient.” United States v.

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Bluebook (online)
754 F.3d 580, 2014 WL 2576338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-anthony-conway-ca8-2014.