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cases/21usc846/f3d-932-1091-mazzulla.case

Source: cases/21usc846/f3d-932-1091-mazzulla.case

Case source: https://www.neochart.com/catalog/cases/f3d/volume_932/1091_01/index.html

Verbatim annotated passages

Viewing the record in the light most favorable to the government, we are satisfied that the evidence supports the verdict on every count.
Viewing the record in the light most favorable to the government, we are satisfied that the evidence supports the verdict on every count.

Exact source text

casedsl 1

case /f3d/932/1091-01
  name United States v. Mazzulla
  cite 932 F.3d 1091 (2019)
  court United States Court of Appeals for the Eighth Circuit
  date 2019-08-02
  url catalog/cases/f3d/volume_932/1091_01/index.html
  source ir/caselaw/f3d_932.jsonl sha1=3ffc53209ba6d5198323d4287b75bfaf0b959a45 chars=29375

law 21usc846
  role applied
  posture Jury conviction appeal with §846 conspiracy and §841 object counts
  result claimant-won

element object-offense : satisfied [proved]
  scope merits
  count Count I conspiracy
  variant distribution/admitted-recurring-methamphetamine-sales
  fact @2040..2179 [supports] | During the interview, Mazzulla admitted that over the past two years he sold up to two ounces of methamphetamine per week to his employees.
  held @28848..28985 | Viewing the record in the light most favorable to the government, we are satisfied that the evidence supports the verdict on every count.
  gloss The opinion separately reaches sufficiency after rejecting other trial objections. The object is identified through evidence of methamphetamine distribution, not merely the indictment caption.

element agreement : satisfied [proved]
  scope merits
  count Count I conspiracy
  variant supply-network/cohabiting-supplier-and-distributor
  fact @3059..3248 [supports] | At the police station Utley waived his Miranda rights and consented to an interview, during which he stated that Burke regularly kept between a half-pound and two pounds of methamphetamine.
  fact @3249..3293 [supports] | Utley identified Mazzulla as Burke's source.
  held @28848..28985 | Viewing the record in the light most favorable to the government, we are satisfied that the evidence supports the verdict on every count.
  gloss The court rejects the attack on witness credibility as for the jury and upholds the conspiracy verdict. The testimony is credited under verdict-favorable review, not an independent undisputed fact.

misfit The appellate sufficiency discussion combines three counts in one short conclusion. The selected conspiracy facts come from the source narrative; convictions on substantive counts are not automatically separate findings on agreement.
misfit Claimant outcome refers to the prosecuting government, not the defendant-appellant; remanded and mixed retain unresolved or split dispositions.