United States v. Darrell Devries
630 F.3d 1130
| 8th Cir. | 2011Background
- Darrell Devries was convicted of conspiring to manufacture methamphetamine and of manufacturing it.
- A co-conspirator, Sheila Mosset, provided testimony that was deemed not credible by the district court.
- Warren County officers surveilled Devries’s property overnight and observed activities near a machine shed and a trailer.
- Evidence included meth-related items in the trailer and shed, a sludge ball, and a tank with anhydrous ammonia smell in a connected trailer.
- The government relied on Mosset’s testimony and other circumstantial evidence to prove the conspiracy; none testified Devries personally manufactured meth.
- The district court granted Devries a new trial on the weight-of-the-evidence ground; the government appealed and the court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion by granting a new trial for weight of the evidence | Devries argues full evidentiary support exists without Mosset credibility issues | State or implicate that credibility and inconsistency justify new trial | Affirmed district court’s grant of a new trial |
| Was the government’s failure to prove Devries liable under aiding and abetting fatal to the verdict | Evidence could support aiding-and-abetting liability | District court properly weighed credibility and failed to prove participation | District court did not err; aiding-and-abetting not proven |
| Did inconsistencies in Mosset’s testimony negate his overall credibility | Inconsistencies could be reconciled with other evidence | Inconsistencies undermine credibility and support a new trial | District court properly weighed credibility; no reversible error |
Key Cases Cited
- United States v. Bertling, 510 F.3d 804 (8th Cir. 2007) (abuse-of-discretion standard for weight-of-evidence rulings)
- United States v. Bass, 478 F.3d 948 (8th Cir. 2007) (deference to district court on new-trial determinations)
- United States v. Davis, 103 F.3d 660 (8th Cir. 1996) (district court credibility assessments guided by miscarriage-of-justice standard)
- United States v. Dodd, 391 F.3d 930 (8th Cir. 2004) (district court broad discretion to weigh evidence and witness credibility)
- United States v. Ironi, 525 F.3d 683 (8th Cir. 2008) (aid-and-abetment liability requires participation to bring about venture)