United States v. Antrell Lewis
895 F.3d 1004
| 8th Cir. | 2018Background
- Defendant Antrell Lewis convicted after bench trial of (1) conspiracy to distribute heroin and furanylfentanyl resulting in death/serious bodily injury and (2) distribution resulting in death/serious bodily injury; sentenced to 252 months plus supervised release.
- Manning testified he regularly obtained heroin from Lewis and that Lewis fronted five grams to him on March 2, 2016; Manning and companions used portions that night; two overdosed (Vanamburg, Kelly) and one later died (Stierman).
- Crime-lab testing found heroin mixed with furanylfentanyl on a spoon, in a small bag in the car, and in Stierman’s apartment; toxicologists and medical examiners opined furanylfentanyl caused the death and was a but-for/independently sufficient cause of the overdoses.
- Manning admitted lying to police initially and not paying Lewis for the fronted drugs; evidence showed redistribution of the heroin among group members before consumption.
- District court found Lewis guilty and applied the §841(b)(1)(C) enhancement for death/serious bodily injury resulting from the distributed drugs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for conspiracy | Government: Lewis and Manning had an agreement to distribute; Manning’s testimony and prior dealings show conspiracy | Lewis: Manning lacked intent to pay; testimony unreliable | Held: Evidence sufficient to infer conspiracy; credibility determinations upheld |
| Causation for §841(b)(1)(C) enhancement | Government: Furanylfentanyl (in mixture) was but-for or independently sufficient cause of death/injuries | Lewis: Unclear whether heroin, furanylfentanyl, or combo caused harm; government failed to prove but-for causation | Held: Medical testimony showed furanylfentanyl caused/was independently sufficient for harm; enhancement proven |
| Intervening redistribution as superseding cause | Government: Liability not limited to the last distributor; earlier distributor remains responsible when drug causes harm | Lewis: Redistribution breaks causal chain; he shouldn’t be liable for harms after others redistributed | Held: Redistribution does not absolve earlier distributor; no limitation in Burrage or statute |
| Knowledge of analogue substance | Government: Need only show distribution of a controlled substance, not that defendant knew exact analogue | Lewis: Government failed to prove he knowingly distributed an analogue (furanylfentanyl) | Held: No knowledge-of-analogue required for §841 conviction/enhancement; defendant need only know he distributed a controlled substance |
Key Cases Cited
- United States v. Trejo, 831 F.3d 1090 (8th Cir. 2016) (standard for reviewing sufficiency of evidence)
- United States v. Washington, 318 F.3d 845 (8th Cir. 2003) (sufficiency review principles)
- United States v. Armstrong, 253 F.3d 335 (8th Cir. 2001) (reversal standard for sufficiency challenges)
- United States v. Chavez-Alvarez, 594 F.3d 1062 (8th Cir. 2010) (elements of conspiracy conviction)
- United States v. Benitez, 531 F.3d 711 (8th Cir. 2008) (conspiracy intent and joining requirement)
- United States v. Davis, 826 F.3d 1078 (8th Cir. 2016) (agreement may be inferred from facts)
- United States v. Slagg, 651 F.3d 832 (8th Cir. 2011) (inference of conspiracy from conduct)
- United States v. Bowie, 618 F.3d 802 (8th Cir. 2010) (deference to district court credibility findings)
- United States v. Anwar, 880 F.3d 958 (8th Cir. 2018) (defendant need not know exact nature of substance)
- United States v. Morales, 813 F.3d 1058 (8th Cir. 2016) (knowledge-of-substance principles)
- Burrage v. United States, 571 U.S. 204 (2014) (but-for and independently sufficient causation for §841(b)(1)(C))
- United States v. Allen, [citation="716 F. App'x 447"] (6th Cir. 2017) (fentanyl in close proximity can be independently sufficient cause of death)