United States v. Meeks, 639 F.3d 522

Douglas Meeks and Lloyd Meeks were convicted of conspiracy to distribute crack cocaine and distribution of crack cocaine, receiving life sentences under 21 U.S.C. § 841 and related statutes based on prior felony drug convictions.
Controlled drug buys occurred in April 2008 and June 2008, involving Monique Nicholson and Cardale Smith as cooperating witnesses who arranged purchases from Douglas and Lloyd.
In the April 8 buy, Nicholson and Smith met Douglas who exchanged $800 for crack cocaine; the transaction was recorded and the substance recovered by police.
In the June 20 buy, Nicholson arranged one ounce via Lloyd; Lloyd exchanged crack cocaine for $900 and Nicholson later arranged payment of the remaining $100 with Douglas’s direction.
A superseding indictment charged conspiracies and additional counts; after trial, tampering-with-witness counts were dismissed, and the jury found the defendants guilty on all drug counts.
The district court imposed life sentences for conspiracy due to two prior felony drug convictions; the defendants appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Reading of dismissed counts and mistrial	Meeks argued the reading of the superseding indictment prejudiced Lloyd.	Meeks argued the court should have granted mistrial; Lloyd moved for mistrial.	No plain error; no substantial rights affected; no mistrial required.
Sufficiency of evidence for conspiracy	Government proved tacit agreement via June 20 buy and other corroborating witnesses.	Meeks contends evidence did not establish an agreement between two or more persons.	Sufficient evidence supported conspiracy convictions.
Lesser-included-offense instruction	N/A	Lloyd argues distribution should have been charged as a lesser included offense.	No plain error; lack of request and non-identical elements preclude sua sponte instruction.
Use of juvenile prior conviction for life sentence	Douglas challenges use of a juvenile conviction to enhance sentence under § 841(b)(1)(A).	Douglas argues Eighth Amendment violation; Scott controls resolve in favor of government.	Court rejected the challenge; Scott controls; life sentence affirmed.
Crack/powder disparity and sentencing	Disparity between crack and powder should be addressed to vary sentence.	Court not required to adjust for crack/powder disparity when imposing statutorily mandated sentences.	Disparity challenge moot; no remedy because sentence mandatory.

United States v. Green, 560 F.3d 853 (8th Cir. 2009) (plain-error review when no mistrial motion filed)
United States v. Ehrmann, 421 F.3d 774 (8th Cir. 2005) (standard for plain error review)
United States v. Davis, 538 F.3d 914 (8th Cir. 2008) (plain-error framework)
United States v. McAtee, 481 F.3d 1099 (8th Cir. 2007) (credibility and inferences in reviewing evidence)
United States v. Santana, 524 F.3d 851 (8th Cir. 2008) (avoid weighing credibility; favorable view of evidence)
United States v. Hodge, 594 F.3d 614 (8th Cir. 2010) (jury credibility determinations reviewed lightly)
United States v. Harris, 493 F.3d 928 (8th Cir. 2007) (elements of conspiracy vs. distribution)
United States v. Jiminez, 487 F.3d 1140 (8th Cir. 2007) (conspiracy proof can be circumstantial)
United States v. Hernandez, 569 F.3d 893 (8th Cir. 2009) (conspiracy elements distinction from distribution)
Scott v. United States, 610 F.3d 1009 (8th Cir. 2010) (challenge to juvenile prior conviction for life sentence rejected)