United States v. April Tillman, 765 F.3d 831

Tillman was convicted of conspiracy to distribute and possess with intent to distribute at least one kilogram of heroin in violation of 21 U.S.C. §§ 841(b)(1)(A) and 846.
On appeal, Tillman challenges sufficiency of evidence, denial of a buyer/seller jury instruction, and the drug-quantity instruction.
Government witnesses testified Tillman bought, sold, or facilitated heroin transactions; one witness linked Tillman to co-defendant Catherine Johnson as her ‘right-hand man.’
Physical evidence (drugs, packaging materials, a check to Johnson) and phone records corroborated witness testimony.
Jury could rely on cooperating witnesses, and the evidence supported Tillman’s connection to the conspiracy beyond a reasonable doubt.
The district court declined to give the buyer/seller instruction; Tillman did not object to the contested language prior to closing arguments.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to convict	Tillman lacks participation evidence; credibility of witnesses questioned.	Evidence shows joint conspiracy with multiple transactions and associates; sufficient to convict.	Evidence sufficient to support conspiracy conviction.
Buyer/seller instruction appropriateness	Buyer/seller instruction should apply to exclude ordinary buyers from conspiracy.	Instruction not supported; there were multiple transactions and ongoing relationships.	District court did not abuse discretion; instruction properly denied.
Conspirator liability and drug-quantity instruction	Disjunctive phrasing (“or”) improperly expands conspirator liability.	Disjunctive language aligns with theory of reach to foreseeable co-conspirator conduct.	Waived and unreviewable on appeal due to lack of timely objection/consent to instruction.

United States v. Harris-Thompson, 751 F.3d 590 (8th Cir. 2014) (standard for sufficiency of circumstantial evidence)
United States v. Brooks, 715 F.3d 1069 (8th Cir. 2013) (reasonableness of jury verdict standard)
United States v. Worman, 622 F.3d 969 (8th Cir. 2010) (circumstantial evidence may support a conspiracy conviction)
United States v. Johnson, 719 F.3d 660 (8th Cir. 2013) (elements of conspiracy; tacit understanding may suffice)
United States v. Jackson, 610 F.3d 1038 (8th Cir. 2010) (circumstantial proof in conspiracy cases)
United States v. Lopez, 443 F.3d 1026 (8th Cir. 2006) (en banc; scope of conspiracy and foreseeability concepts)
United States v. L.B.G., 131 F.3d 1276 (8th Cir. 1997) (uncorroborated testimony may sustain a conviction)
United States v. Smith, 632 F.3d 1043 (8th Cir. 2011) (jury may rely on cooperating witnesses)
United States v. Conway, 754 F.3d 580 (8th Cir. 2014) (credibility not weighed by appellate court)
United States v. Hester, 140 F.3d 753 (8th Cir. 1998) (mere presence doctrine and conspiracy defense)
United States v. Cubillos, 474 F.3d 1114 (8th Cir. 2007) (mere presence instruction adequacy)
United States v. Foxx, 544 F.3d 943 (8th Cir. 2008) (co-conspirator liability and quantity instructions)
Pinkerton v. United States, 328 U.S. 645 (1946) (co-conspirator liability standard)
United States v. Wisecarver, 598 F.3d 982 (8th Cir. 2010) (waiver and review limits on claimed errors)