United States v. Knothbang Yuot

339 F. App'x 668
CourtCourt of Appeals for the Eighth Circuit
DecidedJuly 30, 2009
Docket09-1451
StatusUnpublished

This text of 339 F. App'x 668 (United States v. Knothbang Yuot) 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. Knothbang Yuot, 339 F. App'x 668 (8th Cir. 2009).

Opinion

PER CURIAM.

A jury convicted Kouthbang Yuot of conspiring to distribute fifty grams or more of cocaine base (“crack cocaine”), in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A) and 846, and possessing with intent to distribute five grams or more of crack cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B). At the close of the government’s case, Yuot moved for judgment of acquittal based on the sufficiency of the evidence, which the district court 1 denied. Following the jury’s verdict, Yuot filed a renewed motion for judgment of acquittal or, in the alternative, a motion for a new trial. The district court denied both of those motions and sentenced Yuot to 120 months’ imprisonment and 5 years’ supervised release. Yuot appeals, arguing that insufficient evidence supported the jury’s verdict. We affirm.

I.

“Because [Yuot] challenges the sufficiency of the evidence ... we present the facts in the light most favorable to the jury’s verdict.” United States v. Cannon, 475 F.3d 1013, 1016 (8th Cir.2007).

Yuot was a passenger in a car that was stopped for speeding. Yuot had been un *670 der police surveillance as part of an ongoing drug investigation. During a search of the vehicle by a K-9 unit, police found a single black sock containing approximately twenty-two grams of crack cocaine between the driver’s seat and the center console of the car. A police search of Yuot’s person uncovered a single black sock and a roll of quarters in Yuot’s pocket.

At trial, four cooperating witnesses testified on behalf of the government as to Yuot’s drug activity and his involvement in the charged drug conspiracy. The first witness testified that he had participated in a controlled buy of crack cocaine from Yuot’s co-defendant and co-conspirator. The first witness also testified that he began purchasing drugs from Yuot in 2007 and had done so “plenty of times.” On both direct and cross examination, the witness admitted that he had agreed to help law-enforcement officials and testify against Yuot in an effort to avoid prison time. The second cooperating witness testified that she had purchased crack cocaine from Yuot approximately four or five times. On both direct and cross examination, the second witness admitted that she was cooperating as part of a plea agreement and that she had entered that agreement with the hopes of receiving a lesser sentence for several drug crimes.

The third cooperating witness testified that she had purchased crack cocaine from Yuot and his co-defendant more than twenty times. This witness also testified that she had driven Yuot’s co-defendant from Sioux City, Iowa, to Lincoln, Nebraska, so that the co-defendant could purchase crack cocaine for resale. She further revealed that she had prostituted herself and exchanged sex for drugs with Yuot. On both direct and cross examination, the third witness conceded that she was testifying for the government in hopes of avoiding drug charges. On cross examination, in an effort to expose potential infirmities in the witness’s testimony, Yuot and his co-defendant questioned the third witness about a previous conviction for felony forgery, inconsistencies in her story, and potential flaws in her memory.

The fourth and final cooperating witness testified that he had received crack cocaine for resale from Yuot on two or three occasions and had witnessed Yuot sell crack cocaine more than two or three times. On direct examination, the government established that the witness was a cooperating witness, and, on cross examination, the witness admitted to testifying in the hopes of receiving a lesser sentence for a drug crime. Cross examination also revealed some inconsistencies between the fourth witness’s trial testimony and a police report. The witness, in fact, asserted that, initially, he had lied to the police.

In addition to this testimony, as part of its case-in-chief, the government presented evidence about two controlled purchases of crack cocaine involving Yuot’s co-defendant that police had set up with the help of two different confidential informants. One officer testified that marked currency used in one of the controlled purchases was recovered from Yuot’s co-defendant upon the co-defendant’s arrest. The government also introduced a transcript of a recorded phone call between the co-defendant and a confidential informant for the purpose of setting up. a crack-cocaine buy, as well as other audio and video surveillance tapes of drug activity involving the alleged members of the conspiracy.

II.

We review the sufficiency of the evidence to support a jury verdict de novo, United States v. Weaver, 554 F.3d 718, 720 (8th Cir.2009), and “examine the evidence in the light most favorable to the jury-verdict and give the verdict the benefit of *671 all reasonable inferences.” United States v. Torres, 552 F.3d 743, 746 (8th Cir.2009) (quotations and alterations omitted). “We will reverse the jury verdict only if no reasonable jury could have found the defendant guilty beyond a reasonable doubt.” Id. (quotations and alterations omitted).

To convict Yuot of conspiracy to distribute and possess with intent to distribute crack cocaine, the government was required to submit evidence sufficient to prove beyond a reasonable doubt that (1) there was an agreement to distribute the drug, (2) Yuot knew of the agreement, and (3) he knowingly joined in the agreement. See United States v. Johnson, 439 F.3d 947, 954 (8th Cir.2006). “The government need not have direct evidence of an explicit agreement — a ‘tacit understanding1 among co-conspirators may be, and often will be, inferred from circumstantial evidence.” Id. To convict Yuot of possession of crack cocaine with intent to distribute, the government was required to show beyond a reasonable doubt that Yuot: “(1) was in possession of cocaine base, (2) knew he was in possession of cocaine base, and (3) intended to distribute some or all of the cocaine base.” United States v. Thompson, 285 F.3d 731, 733 (8th Cir.2002).

Yuot contests the sufficiency of the evidence, arguing that the government failed to prove beyond a reasonable doubt that he was a member of a drug conspiracy.

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Related

United States v. Anthony J. Thompson
285 F.3d 731 (Eighth Circuit, 2002)
United States v. Willie C. Johnson
439 F.3d 947 (Eighth Circuit, 2006)
United States v. Gabriel Parra Lopez
443 F.3d 1026 (Eighth Circuit, 2006)
United States v. Amesheo D. Cannon
475 F.3d 1013 (Eighth Circuit, 2007)
United States v. Lynn C. Bower
484 F.3d 1021 (Eighth Circuit, 2007)
United States v. Coplen
533 F.3d 929 (Eighth Circuit, 2008)
United States v. Torres
552 F.3d 743 (Eighth Circuit, 2009)
United States v. Weaver
554 F.3d 718 (Eighth Circuit, 2009)
United States v. Robert E. Maloney
466 F.3d 663 (Eighth Circuit, 2006)
United States v. Jerome Coleman
525 F.3d 665 (Eighth Circuit, 2008)

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Bluebook (online)
339 F. App'x 668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-knothbang-yuot-ca8-2009.