United States v. Travis Peeler
2015 U.S. App. LEXIS 3497
| 8th Cir. | 2015Background
- Peeler was convicted of conspiracy to possess with intent to distribute cocaine under 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846.
- FBI intercepted calls showing Ross and Muhammad distributing cocaine to multiple dealers, with Muhammad converting powder to crack.
- Ross, a buyer, contacted Peeler in January 2012; recorded conversations used to interpret code words (e.g., 'new thunder', 'bread').
- A meeting between Ross and Peeler in Wisconsin yielded 81 grams of crack cocaine found in Peeler’s car.
- Muhammad testified about long-running supply and that Ross resold powder cocaine to others, including a buyer named 'Travis' from Green Bay.
- Peeler challenged the sufficiency of the evidence for conspiracy; the district court gave a buyer/seller defense instruction and Peeler defended it in closing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for conspiracy | Peeler only had a buyer-seller relationship with Ross | Ongoing relationship and foreseeability support conspiracy | Sufficient evidence supported conspiracy verdict |
| Proper instruction on buyer/seller defense | District court failed to correctly limit buyer/seller theory | Instruction accurately explained buyer/seller defense | Instruction proper; no reversible error |
| Standard of review for sufficiency | Evidence should be viewed narrowly; insufficient on its face | De novo review with favorable view to verdict | Court applied de novo standard and affirmed |
Key Cases Cited
- United States v. Conway, 754 F.3d 580 (8th Cir. 2014) (multiple resale sales can sustain conspiracy conviction)
- United States v. Prieskorn, 658 F.2d 631 (8th Cir. 1981) (buyer-seller relation alone insufficient)
- United States v. Huggans, 650 F.3d 1210 (8th Cir. 2011) (buyer-seller cases involve personal-use quantities)
- United States v. Vinton, 429 F.3d 811 (8th Cir. 2005) (evidence must show more than isolated transactions)
- United States v. Harris-Thompson, 751 F.3d 590 (8th Cir. 2014) (sufficiency review is de novo and favorable to verdict)