United States v. Trevor Scott Ray
690 F. App'x 438
8th Cir.2017Background
- Trevor Ray was convicted by a jury of three federal drug felonies: conspiracy to distribute ≥500 g methamphetamine (Count I), distribution of ≥50 g methamphetamine (Count II), and possession with intent to distribute ≥500 g methamphetamine / aiding and abetting (Count III); district court denied acquittal motion and sentenced him to concurrent 180-month terms.
- Multiple witnesses (Hofland and Woods) purchased distribution quantities of methamphetamine from Ray over several weeks; Hofland bought ~255 g; Woods bought ~624 g and participated in a recorded controlled buy that yielded 112.5 g.
- Surveillance, video, and key-log evidence connected Ray to storage unit 51; agents seized $9,155 in cash, a meth pipe, a money-counting machine, a phone tied to the controlled buy number, and a Fortress key that opened unit 51.
- Storage unit 51 contained scales, packaging materials, and 445 g of methamphetamine; a truck registered to Ray (driven by co-defendant Gabbard) contained 411.2 g packaged for distribution and a Fortress key.
- Ray argued the evidence established only buyer-seller transactions and disputed constructive possession of the 445 g in the storage unit; the government relied on repeated distribution transactions, surveillance, keys, cash, paraphernalia, and cooperative access by Gabbard to show conspiracy, distribution, and possession with intent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for conspiracy to distribute ≥500 g (Count I) | Evidence showed an agreement and Ray’s participation in an extensive distribution operation with co-conspirators | Ray argued interactions were only buyer-seller relationships insufficient for conspiracy | Affirmed: repeated large-quantity transfers, cash/paraphernalia, storage unit access supported conspiracy conviction |
| Sufficiency of evidence for distribution of ≥50 g in controlled buy (Count II) | Recorded controlled buy witnesses and agent corroboration proved Ray knowingly distributed >50 g | Ray argued Woods was untrustworthy so his testimony was unreliable | Affirmed: agent monitoring, recording, and recovered 112.5 g corroborated Woods; jury credibility determination upheld |
| Sufficiency of evidence for possession with intent to distribute ≥500 g (Count III) | Constructive possession shown by keys, surveillance, access to unit, large quantity, cash, scales, and coordination with Gabbard | Ray argued government failed to prove he knowingly possessed the 445 g in storage unit 51, so total <500 g | Affirmed: Fortress key, surveillance, cash, paraphernalia, and shared access with Gabbard supported constructive possession and intent; combined quantities met 500 g threshold |
Key Cases Cited
- United States v. Kirk, 528 F.3d 1102 (8th Cir.) (standard for de novo sufficiency review and viewing evidence in light most favorable to verdict)
- United States v. Griffith, 786 F.3d 1098 (8th Cir.) (conviction upheld where evidence may support alternative innocent explanation)
- United States v. Trotter, 837 F.3d 864 (8th Cir.) (distinguishing mere buyer-seller relationships from conspiracies)
- United States v. Blakey, 449 F.3d 866 (8th Cir.) (constructive possession via control of premises or keys)
- United States v. Jones, 600 F.3d 985 (8th Cir.) (credibility of witnesses and sufficiency for distribution convictions)
- United States v. Urkevich, 408 F.3d 1031 (8th Cir.) (possession of paraphernalia, large cash amounts, and scales supports conspiracy/possession findings)