U.S. v. Druger

920 F.3d 567 (2019) United States Court of Appeals for the Eighth Circuit 2019-04-04

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)

Facts

  1. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied conceded
    During a sweep of the house officers discovered 36.02 grams of methamphetamine inside the toilet and related plumbing.
  2. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied conceded
    Thus, Druger concedes the element of possession but challenges the sufficiency of the evidence to prove he intended to distribute.
  3. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    During a sweep of the house officers discovered 36.02 grams of methamphetamine inside the toilet and related plumbing.
  4. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    The officers also found digital scales, baggies, drug pipes, and other paraphernalia, along with a firearm in the bedroom.
  5. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    Conviction under this section requires the Government to "prove that the defendant (1) knowingly possessed the methamphetamine; and (2) had intent to distribute it."
  6. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    The Government presented testimony demonstrating 36.02 grams is a distribution amount.
  7. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    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.
  8. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    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.
  9. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    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.