United States v. Bradley
2011 U.S. App. LEXIS 14243
| 8th Cir. | 2011Background
- Bradley was charged with conspiracy to distribute cocaine and distribution of cocaine in Rapid City, SD, in 2008.
- Conspiracy evidence linked Bradley to Potratz and Stockman, with Shelton as a cocaine customer via Potratz.
- Potratz delivered weekly half-ounce quantities to Bradley; Bradley also supplied his own customers.
- Shelton testified Bradley could obtain cocaine from Stockman in Stockman’s absence; Wiseley corroborated purchases from Bradley.
- PSR apportioned Bradley 241.4 grams of cocaine as his relevant conduct, yielding base offense level 20.
- District court affirmed the PSR, convicted Bradley, and sentenced him to 60 months concurrent with state sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for conspiracy and distribution | Bradley (Bradley) asserts insufficient evidence. | Bradley contends witnesses were unreliable/cooperation-based. | Evidence sufficient; jury credibility resolved by jury; not clearly erroneous. |
| Drug quantity attributed for sentencing | Bradley argues 241.4 g overstated; seeks 100–200 g. | District court properly used trial testimony to establish period and amounts. | District court’s quantity finding supported by record; affirmed. |
| Minor participant reduction | Bradley seeks 2-level minor participant reduction. | Bradley was deeply involved; not a minor participant. | No error; Bradley not entitled to minor participant adjustment. |
Key Cases Cited
- United States v. Malloy, 614 F.3d 852 (8th Cir. 2010) (credibility of cooperating-witness testimony deferential on appeal)
- United States v. Hodge, 594 F.3d 614 (8th Cir. 2010) (jury credibility determinations deferrable; no acquittal based on inconsistencies)
- United States v. Ojeda-Estrada, 577 F.3d 871 (8th Cir. 2009) (elements of conspiracy and knowledge required; minor role not needed for conviction)
- United States v. Jiminez, 487 F.3d 1140 (8th Cir. 2007) (conspiracy elements; membership can be established by substantial participation)
- United States v. Rodriguez, 484 F.3d 1006 (8th Cir. 2007) (drug quantity can include related transactions within same course of conduct)
- United States v. Banks, 494 F.3d 681 (8th Cir. 2007) (support for using non-direct seizure data in quantity calculations)