United States v. Anthony Conway
754 F.3d 580
| 8th Cir. | 2014Background
- Indictment charged 12 Clinton, Iowa crack-cocaine distributors; three defendants (Conway, Randoph, Robinson) were tried and convicted on conspiracy to manufacture, distribute, and possess with intent to distribute 280 grams+ of crack/cocaine.
- Evidence showed a loose, multi-person network (the Co-op) with home distribution points and shared suppliers, including Spates, Lewis, and Kitt.
- Randolph relocated from Chicago to Clinton to expand distribution; he recruited others and distributed to Campbell and others.
- Conway, Randolph, and Robinson bought and sold cocaine/crack from the Co-op, sometimes converting powder to crack at common locations.
- Police recorded a March 1, 2010 crack deal involving Randolph; a December 2010 traffic stop yielded cocaine in Robinson’s possession; further evidence tied them to the distribution framework.
- Court affirmed district court judgments, rejecting sufficiency challenges and most instructional requests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for conspiracy conviction | Conway, Randolph, Robinson challenged joining conspiracy | A tacit, common plan supported by multiple sales suffices | Evidence supports a single, loosely knit conspiracy |
| Robinson weapons charges sufficiency | Robinson’s possession linked to drug activity; testimony insufficient | Gun shown in proximity to transactions; fronting and intimidation shown | Sufficient nexus; felon-in-possession supported |
| Buyer-seller instruction | Defense entitlement to instruction given buyer-seller relationships | Court correctly refused as evidence showed broader conspiracy | No abuse; instruction not required given the record |
| Multiple conspiracies instruction | Defense entitled to preliminary instruction on multiple conspiracies | No error in omitting such instruction at preliminary stage | District court did not abuse discretion; single conspiracy supported by record |
Key Cases Cited
- Rodriguez-Mendez v. United States, 336 F.3d 692 (8th Cir. 2003) (credibility not re-weighed on sufficiency review of coconspirator testimony)
- Slagg v. United States, 651 F.3d 832 (8th Cir. 2011) (sufficiency of evidence; resale quantities support conspiracy; multiple sales evidence admissible)
- Hoelscher v. United States, 914 F.2d 1527 (8th Cir. 1990) (need not prove explicit organizational structure; common plan sufficient)
- Cordova v. United States, 157 F.3d 587 (8th Cir. 1998) (buyer-seller instruction appropriate only in certain contexts; not here with large-scale conspiracy)