Anthony Gilmer and Jamar Bailey were indicted on two counts of conspiracy and drug possession charges in March 2005. Following a bench trial, the district court found Gilmer and Bailey guilty and sentenced them to 57 months’ and 100 months’ imprisonment respectively. On appeal, both raise several challenges to their convictions. For the following reasons, we affirm.
I. BACKGROUND
In December of 2004, a confidential informant reached out to Untavious Davenport to see if he had a kilogram of heroin to sell. On Deсember 21, an undercover DEA agent met with Davenport and the informant to negotiate the sale. Davenport agreed to sell the undercover agent the kilo for $102,000; a week later, Davenport asked his friend Cleon Wilson about obtaining a kilo of heroin. Wilson located a supplier named Jamar Bailey — a friend of Wilson’s — -and informed Davenport of the connection.
On January 3, 2005, while DEA agents conducted surveillance, the informant picked up Davenport in a black Escalade and drove to a parking lot of Cermak Mall in Chicago, where they were joined by the undercover agent to wait for the drugs. After Davenport spoke with Wilson on the telephone, he and the informant drove to Wilson’s house to check on the status of the heroin. Bailey arrived a short time later, and Wilson introduced Davenport to Bailey. Bailey told Wilson he would get the kilo of heroin from “out west” and left the house.
Wilson, Davenport, and the informant left Wilson’s house around 5:00 p.m. Later, Bailey called Wilson and told him that he had the kilo of heroin and that Wilson should meet him to consummate the deal. They agreed to meet at a laundromat parking lot at Cermak and Cicero Avenues. The Escalade parked across the street from the laundromat in an Aldi’s parking lot.
Meanwhile, Bailey had called Gilmer looking for a kilogram of heroin, and Gil-mer told Bailey that he would broker the deal. Gilmer approached Romeal Williams, an acquaintance who had suppliеd heroin to Gilmer in the past, to see if he could supply one quarter to one half kilogram of heroin. Williams called his source, but only asked for 100 grams because he did not trust Gilmer. Williams obtained (what he thought was) 100 grams of heroin and called Gilmer. Gilmer told Williams to meet at the street corner of Jackson and Kostner; when Williams arrived, Gilmer and Bailey were waiting. As the three rode around in Williams’ white Chevrolet Lumina, Williams showed the drugs to Gilmer. When the two vehicles arrived at Aldi’s, Gilmer told Bailey to tell the oсcupants in the Escalade to meet *700 them at a nearby Citgo station. Bailey got out of the Lumina and into the Escalade, with Wilson, Davenport, and the informant, and he relayed the information to rendezvous at the Citgo.
Once both vehicles arrived at the Citgo, the informant walked over to the Lumina and got inside. Williams handed him the heroin, but the informant noticed the package was not a kilogram as requested. He asked Williams whether it was a sample and handed the heroin back to Williams. At that time, DEA agents approached the Lumina and identified themselves. Davenport, Wilson and Bailey were immediately arrested; Gilmer and Williams ran but were promptly apprehended by the agents. At the time of his arrest, Williams possessed one bag containing two smaller bags of heroin and cocaine base.
Bailey, Gilmer, Williams, Davenport, and Wilson were each indicted on one count of conspiracy to possess with intent to distribute at least 100 grams of mixtures containing heroin, in violation оf 21 U.S.C. § 846, and one count of possession with intent to distribute approximately 83 grams of mixtures containing heroin and 13.3 grams of mixtures containing cocaine base, in violation of 21 U.S.C. § 841(a)(1). Williams, Davenport and Wilson pleaded guilty to the conspiracy count and testified against Gilmer and Bailey at trial. Other evidence introduced at trial included records of phone calls made between Wilson and Bailey, and between Bailey and Gil-mer; testimony from several DEA agents who conducted surveillancе on that day; and Bailey and Gilmer’s post-arrest statements, in which both defendants acknowledged that one kilogram of heroin was to be purchased. Bailey stated that Wilson knew someone who wanted a kilo, and that he “was along for the ride to make $200.” Gilmer told the agents that Bailey called him looking to buy a kilo of heroin, and that he was the middleman who introduced Williams and Bailey.
The district court found Bailey and Gil-mer guilty of both counts on January 10, 2006. The court credited the testimony of the DEA agents, аs well as the testimony of the cooperating co-conspirators (with the exception of their conflicting testimony about the timing of events that day). The court also considered Bailey’s post-arrest admissions only as to Bailey, and not to Gilmer, so as to avoid a Bruton problem. In finding that Bailey and Gilmer were guilty of the conspiracy charge, the court specifically held that Gilmer’s conduct was inconsistent with mere presence at the scene of the conspiracy, finding that his аctions and his admissions established him as a co-conspirator. As for the possession charge, the court found both defendants guilty under the Pinkerton theory of liability. The court analogized the conspiracy to a chain, each conspirator representing a link in a chain, with each link knowing at least one co-conspirator, but not always more than one. The court discussed Gil-mer’s role as the link between Bailey and Williams, and that Williams’s testimony linked him to the chain of the conspiracy. During sentencing, the court found that although Williams believed he was selling 100 grams of heroin, that belief did not equate to an agreement under the conspiracy theory. The court said that it would consider the 83.3 grams of heroin for sentencing purposes, but not the 13.3 grams of crack cocaine, because there was no evidence that any co-conspirator had agreed to or contemplated the purchase of crack. Bailey and Gilmer each filed motions for judgment of acquittal, which the court denied on February 7, 2006. These timely appeals followed.
II. DISCUSSION
Gilmer and Bailey challenge the denial of their post-trial motions, arguing that the *701 evidence presented at trial was insufficient to convict either of them on charges of conspiracy to distribute drugs. They also believe that the government failed to prove the quantity of drugs alleged in their indictments. Additionally, Gilmer argues that the government violated the Speedy Trial Act, and that the district court erred in admitting evidence of his prior uncharged criminal activity. We address each contention in turn.
First, Gilmer and Bailey argue that the government presented insufficient evidence to support their convictions, and that the district court should have granted their motions for judgment of acquittal. In asserting insufficiency of the evidence, a defendant carries a heavy burden. A court of appeals does not stand in judgment of the credibility of witnesses; rather that question is left to the sound discretion of the trier of faсt.
To support a conviction for conspiracy, the government is required to prove that “two or more people agreed to commit an unlawful act and the defendant knowingly and intentionally joined in that agreement.”
United States v. Duran,
A defining characteristic of a conspiracy is a common agreement “to further a single design or purpose.”
United States v. Thomas,
The district court accurately characterized this conspiracy as links in a chain. Within the span of a few hours, Davenport called Wilson and informed him that he needed a kilo for a buyer. Wilson in turn contacted Bailey, and Bailey proceeded to arrange the transaction. Bailey called Gil-mer, and Gilmer called Williams, who was able to provide the drugs. The fact that Gilmer only knew Williams hardly supports his belief that he was not in an agreement with the other conspirators, for “[a] conspiracy does not need discussions between all parties—this is a classic links-in-a-chain conspiracy, with [the defendant] assisting [a co-conspirator] in distributing drugs down the chain.”
United States v. Johnson,
In viewing the evidence in the light most favorable to the government, we find that Gilmer was in agreement with the other conspirators to further a single purpose— the distribution of heroin. Williams’s testimony was particularly damning; he testified that he had supplied heroin to Gilmer in the past, and that Gilmer called him on the afternoon of January 3rd and asked him if he could get a hold of some “dope” for a cousin of Gilmer’s friend. Williams obtained the heroin, or what he believed *702 was heroin (it turned out to contain hеroin and crack cocaine), and Gilmer directed Williams to pick him and Bailey up. As they were driving around, Gilmer asked if Williams had the drugs, and Williams handed them over to Gilmer for inspection. When they arrived at the designated meeting spot, Williams testified that Gilmer directed Bailey to tell the other conspirators in the Escalade to meet at the Citgo (within the city limits) to make the deal, because Gilmer did not “want to deal with the Cicero police.”
Other evidence included Gilmer’s post-arrest statements (corroborated by the testimony of a DEA agent), in which he admitted that he acted as “the middleman” between Bailey and Williams for the procurement of one kilogram of heroin. He stated that when he received a phone call from Bailey, who was looking for heroin, he put him on the phone with Williams to “work out the details.” The three of them met an hour later, and Gilmer stated that he was present for the discussion about how the deal would play out. Gilmer drove to the scene fоr the deal, and after Bailey got out of the car, Gilmer switched the meeting place when he saw a police car in the area. After conferring with Bailey on the phone, he went to the Citgo gas station so they “could do the deal with the guy.” When Gilmer saw the police, he ran to avoid getting arrested.
See United States v. Moore,
There is ample evidеnce that there was a conspiracy and that Gilmer was a knowing member of it. Gilmer knew Bailey was a drug dealer and assisted him in distributing drugs to at least one dealer farther down the chain of distribution, namely Wilson. There were sixteen telephone calls between Bailey and Gilmer on the afternoon of January 3rd, and these calls immediately preceded or followed conversations between Bailey and Wilson, Wilson and Davenport, and Davenport and the informant. Gilmer was at the scene where the deal was to take place. Gilmer’s belief that the conspirators lacked a “consensus” on how the deal was to be made lends no support to his cause.
See United States v. Zarnes,
We now turn to Bailey’s challenge to the sufficienсy of the evidence against him. Bailey believes that his statements, at most, reveal that he knew about the transaction and was present for the preceding events, and mere knowledge and presence cannot prove an agreement to participate in a conspiracy.
While it is true that presence alone is not enough to convict, a single act will suffice if the circumstances permit the inference that the presence or act was intended tо advance the ends of the conspiracy.
United States v. Maeedo,
406
*703
F.3d 778, 792 (7th Cir.2005) (citing
United States v. Gutierrez,
Bailey cites our holding in
United States v. Baker,
Plenty of evidence linked Bailey to the conspiracy. Bailey was more than simply a driver of the сar or an observer at the site of the transaction. The government’s evidence demonstrated that Bailey served as an intermediary in the conspiracy, bridging the divide between a willing buyer and seller by recruiting Gilmer to perform the critical function of obtaining the heroin.
See United States v. Rock,
We decline to find that Bailey was simply “along for the ride,” for common sense dictates that drug dealers want to minimize contacts throughout a conspiracy,
*704
therefore it is unlikely for innocent parties to be present at drug deals.
See United States v. Garcia,
Next, Gilmer and Bailey argue that because the government indicted the defendants for conspiracy to distribute at least 100 grams of heroin, they could only be convicted on that count if the court determined that the conspiracy involved an amount greater than 100 grams. Drug quantity is not an element of the charged offense in the indictment.
United States v. Abdulahi,
Defendants also argue that, under
Apprendi v. New Jersey,
The government’s sting was intended to bust a deal to distribute one kilogram of heroin, but as more and more players became involved, what began as a deal for one kilo of heroin ended with a deal of a substantially lesser amount (83.3 grams of heroin and 13.3 grams of cocaine). The district court, recognizing the distinction between the amount charged in the indictment (at least 100 grams of heroin) and the amount actually possessed, held that it would consider the lesser amount for sentencing purposes, and sentenced both defendants under 21 U.S.C. § 841(b)(1)(C), which holds a maximum statutory penalty of twenty years. After a very thorough discussion of the factors listed in 18 U.S.C. § 3553(a), the court sentenced Gilmer to 57 months and Bailey to 100 months’ imprisonment for each count, to run concurrently.
Apprendi
has no application to cases where the sentence is below the statutory maximum.
See Ab-dulahi
Next, Gilmer argues that the district court erred in failing to dismiss his indictment as untimely under the Speedy Trial Act, 18 U.S.C. § 3161(b). Gilmer was arrested on January 3, 2005, and in- *705 dieted on March 3, 2005, which Gilmer argues is well outside the Act’s mandate that an indictment must be filеd within 30 days of an arrest. Gilmer fails to consider an unopposed motion for an extension of time to and including March 4, 2005, filed by the government on January 19, which stated that the government needed more time to issue subpoenas for phone records, as well as to speak to other co-defendants who expressed interest in cooperating with its case. The district court made explicit findings to support the ends of justice continuance, stating that “the ends of justice served by this extension outweigh the best interests of the defendants and the public in a speedy trial ... in light of the evidence that is important to this case ... [and because] some of the defendants may seek to cooperate with the government prior to indictment,” which the Act allows for. Accordingly, the district court did not abuse its discretion nor did Gilmer suffer actual prejudice when the court granted a continuance under the Act.
Finally, Gilmer argues that the district court erred in admitting Williams’ testimony about his prior drug trafficking аctivity with Gilmer because (1) the evidence was not intricately related to the charged conspiracy, and (2) the testimony was far more prejudicial than probative. The district court found that Gilmer’s prior drug deals with Williams were relevant and admissible because the prior deals were inextricably intertwined to the charged offense. We review that decision for an abuse of discretion,
United States v. Price,
Evidence of uncharged criminаl activity is admissible if it is “intricately related to the facts of the case before the court.”
United States v. Ward,
The prior drug deals explain the development of the relationship between Gilmer and Williams that led to their roles in the conspiracy. The earlier transactions explained how Williams and Gilmer met, and how, over time, Williams supplied heroin to Gilmer when he asked for it. As the district court put it, “why [else] would Gilmer come to Williams with a question as to whether he could obtain a quarter to a half
*706
kilo of heroin?” We have held in similar situations that testimony about prior uncharged criminal activity was intricately related to the charged conspiracy because it showed how the witness’s relationship with a defendant “began, its basis, and structure, and how the relationship blossomed into the charged conspiracy.”
See Ward,
III. CONCLUSION
For the foregoing reasons, the convictions of Anthony Gilmer and Jamar Bailey are AffiRmed.
Notes
. Rule 403 provides, "Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of thе issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.” Under Rule 404(b), "Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.”