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cases/21usc841/f3d-920-567-us-v-druger.case

Source: cases/21usc841/f3d-920-567-us-v-druger.case

Case source: https://www.neochart.com/catalog/cases/f3d/volume_920/0567_01/index.html

Verbatim annotated passages

All told, this evidence gave the jury a basis to believe Druger intended to distribute the methamphetamine found in his house instead of merely using it himself.
Thus, we conclude the evidence provided a sound basis for the district court to conclude that a reasonable jury could have found beyond a reasonable doubt that Druger was guilty of possession of methamphetamine with intent to distribute it.
Thus, Druger concedes the element of possession but challenges the sufficiency of the evidence to prove he intended to distribute.

Exact source text

casedsl 1.2
# author: Flash2 (gemini-3.8-flash-high)
# triaged-by: Fable (2026-11-10)

case /f3d/920/0567-01
  name    U.S. v. Druger
  cite    920 F.3d 567 (2019)
  court   United States Court of Appeals for the Eighth Circuit
  date    2019-04-04
  url     catalog/cases/f3d/volume_920/0567_01/index.html
  source  ir/caselaw/f3d_920.jsonl sha1=b1ed348a7045a8ac79781316e4a36bb4ea3a2321 chars=10262

opinion maj : majority by Grasz @0..10262 controlling
? opinion: the three paragraphs @9634..10262 are the opinion's own footnotes appended by the IR; one span.

law 21usc841 (a)(1)
  role    applied
  posture criminal; jury conviction (count seven) for possession with intent to distribute methamphetamine; appeal from denial of motion for judgment of acquittal; defendant concedes possession and challenges only sufficiency of the evidence of intent to distribute; affirmed
  result  claimant-won

element intent-to-distribute : satisfied [proved]
  route   inferred-from-quantity-and-circumstances
  pattern scales-baggies-and-customer-testimony
  fact @1248..1366 [supports] | During a sweep of the house officers discovered 36.02 grams of methamphetamine inside the toilet and related plumbing.
  fact @1367..1489 [supports] | The officers also found digital scales, baggies, drug pipes, and other paraphernalia, along with a firearm in the bedroom.
  fact @8163..8249 [supports] | The Government presented testimony demonstrating 36.02 grams is a distribution amount.
  fact @8792..8975 [supports] | In addition, a witness testified she purchased methamphetamine from Druger beginning in 2015 and she continued to do so after the execution of the federal warrant in December of 2015.
  rule @7265..7430 [quoted] | Conviction under this section requires the Government to "prove that the defendant (1) knowingly possessed the methamphetamine; and (2) had intent to distribute it."
  held @8442..8603 | All told, this evidence gave the jury a basis to believe Druger intended to distribute the methamphetamine found in his house instead of merely using it himself.
  held @9276..9516 | Thus, we conclude the evidence provided a sound basis for the district court to conclude that a reasonable jury could have found beyond a reasonable doubt that Druger was guilty of possession of methamphetamine with intent to distribute it.
  gloss Sufficiency upheld against a personal-use theory: 36.02 grams (testified to be a distribution amount), digital scales, baggies, a firearm, and a customer's testimony of continuing purchases. The personal-use claim is the defendant's contention, not a fact the court credited.

element possession : satisfied [conceded]
  route   constructive
  pattern drugs-in-toilet-and-plumbing-of-defendants-home
  fact @1248..1366 [supports] | During a sweep of the house officers discovered 36.02 grams of methamphetamine inside the toilet and related plumbing.
  held @7771..7901 | Thus, Druger concedes the element of possession but challenges the sufficiency of the evidence to prove he intended to distribute.
  gloss Possession of the 36.02 grams found in the plumbing of his residence was conceded on appeal (he claimed it was for personal use).
  ? route: conceded, so the court never says whether possession was actual or constructive; drugs in the plumbing of his home fit `constructive` better than `actual`.