United States v. Andre Taylor
813 F.3d 1139
| 8th Cir. | 2016Background
- Andre Taylor and Victor Vickers were tried; Taylor convicted of drug distribution (marijuana and cocaine conspiracies), aiding and abetting cocaine distribution, conspiracy to commit murder-for-hire, and possession of a machine gun in furtherance of a crime; Vickers convicted of conspiracy to distribute <100 kg marijuana.
- Prosecution relied on coconspirator testimony (including Robert Taylor), wiretap recordings, controlled buys supervised by an FBI TFO, and physical evidence seized from Taylor's residences (drugs, scales, firearms).
- Evidence tied Taylor to large-scale shipments from a Mexican supplier (Charlie "Mike" Williams) and to solicitations to have Billy Brown killed after a burglary; Cooper (a coconspirator) testified about involvement and retrieved a machine gun from Taylor’s house.
- Vickers had a more limited role: multiple purchases of marijuana from coconspirators and intercepted calls negotiating marijuana sales; no evidence he trafficked cocaine.
- At sentencing, the district court applied the murder cross-reference (U.S.S.G. §2D1.1(d)(1)) to Vickers based on an alleged connection to the murder of Edward Ewing, raising his offense level dramatically; the Eighth Circuit vacated that sentence and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for Taylor's drug conspiracy convictions | Government: coconspirator testimony, wiretaps, physical evidence support conspiracy to distribute large quantities | Taylor: coconspirator testimony unreliable; wiretaps improperly admitted | Affirmed — evidence sufficient when viewed in light most favorable to verdict (coconspirator testimony, recordings, physical evidence) |
| Sufficiency of evidence for Vickers' conspiracy conviction | Government: multiple purchases, sales, and wiretap show he joined conspiracy | Vickers: transactions were isolated retail sales, insufficient to prove conspiracy | Affirmed — multiple resale purchases enough to support a conspiracy conviction |
| Admission of 24 wiretap recordings (Taylor) | Government: TFO may identify voice based on recordings and linking facts | Taylor: TFO could not reliably identify voices he never heard in person | Affirmed — sufficient foundation (linked numbers, self-identification, unique knowledge) for voice ID under Rule 901 |
| Application of murder cross-reference at sentencing (Vickers) | Government: Ewing murder was drug-related and relevant conduct, so §2D1.1(d)(1) applies | Vickers: murder not relevant to his marijuana conspiracy under §1B1.3 (not during/prep/avoid detection or groupable under §3D1.2(d)) | Reversed as to sentence — district court erred; Ewing murder not relevant conduct under §1B1.3, remand for resentencing |
Key Cases Cited
- United States v. Scofield, 433 F.3d 580 (8th Cir.) (standard for sufficiency review)
- United States v. Conway, 754 F.3d 580 (8th Cir.) (elements of conspiracy under §846)
- United States v. Whirlwind Soldier, 499 F.3d 862 (8th Cir.) (conviction may rest solely on coconspirator testimony)
- United States v. Keys, 721 F.3d 512 (8th Cir.) (credibility review and corroboration not required for sufficiency)
- United States v. Ellefson, 419 F.3d 859 (8th Cir.) (elements of aiding and abetting)
- United States v. Cole, 537 F.3d 923 (8th Cir.) (identity of controlled substance may be shown by circumstantial/opinion evidence)
- United States v. Cole, 525 F.3d 656 (8th Cir.) (§1B1.3(a)(2) relevant-conduct grouping requires grouping under §3D1.2(d))
- United States v. Wells, 646 F.3d 1097 (8th Cir.) (circumstantial evidence supports inference of intent in murder-for-hire context)
- United States v. Patrie, 794 F.3d 998 (8th Cir.) (standard of review for Guidelines application)
- United States v. Ewing, 632 F.3d 412 (8th Cir.) (discussion of §1B1.3 and grouping under §3D1.2)