United States v. Listman
636 F.3d 425
| 8th Cir. | 2011Background
- Listman acted as a courier for a drug trafficking organization transporting methamphetamine in modified vehicles with hidden compartments.
- Russell recruited Listman to drive from California to Arkansas; trips involved cash and drugs as compensation.
- DEA investigated the operation; trap discovery by California Highway Patrol during a November 2008 stop revealed a hidden compartment with methamphetamine residue.
- Listman was observed as fidgety and under the influence, but no field sobriety test or arrest for intoxication occurred; vehicle and individuals were taken to the station.
- At trial, the government admitted testimony linking Listman to drug activity; the court gave a cautionary instruction limiting reliance on drug use to prove conspiracy.
- Jury convicted Listman of conspiracy to possess with intent to distribute at least 500 grams of methamphetamine; Listman appealed asserting insufficiency of evidence, evidentiary rulings, and deliberate-ignorance instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for conspiracy | Listman contends he did not know or join the conspiracy. | State of knowledge about the conspiracy insufficient to convict. | Evidence supported knowledge and intentional joining |
| Admission of stop evidence under Rule 403 | Evidence of trap and intoxication should be excluded as unduly prejudicial. | Evidence probative of participation; prejudice outweighed by probative value with cautionary instruction. | No reversible error; admission harmless |
| Deliberate-ignorance jury instruction | No basis to instruct deliberate ignorance. | Evidence supported possible deliberate disregard of knowledge. | Instruction appropriate; not an abuse of discretion |
Key Cases Cited
- United States v. Rolon-Ramos, 502 F.3d 750 (8th Cir. 2007) (elements of conspiracy)
- United States v. Jiminez, 487 F.3d 1140 (8th Cir. 2007) (conspiracy knowledge requirements)
- United States v. Ojeda, 23 F.3d 1473 (8th Cir. 1994) (driver awareness of drugs shown by direct and circumstantial evidence)
- United States v. Hayes, 391 F.3d 958 (8th Cir. 2004) (jury credibility and evidence standard)
- United States v. Davidson, 449 F.3d 849 (8th Cir. 2006) (cautionary instruction reduces prejudice)
- United States v. Donnell, 596 F.3d 913 (8th Cir. 2010) (harmless error analysis in evidentiary rulings)
- United States v. Whitehill, 532 F.3d 746 (8th Cir. 2008) (deliberate ignorance instruction framework)