United States v. Mazzulla

932 F.3d 1091 (2019) United States Court of Appeals for the Eighth Circuit 2019-08-02

criminal; jury convictions for conspiracy (ยง 846), possession with intent to distribute methamphetamine (count II, 49 grams) and distribution / possession with intent (count V); appeal raises suppression, Franks, in camera review, Rule 403, refusal of a simple-possession lesser-included instruction, and a general sufficiency challenge; affirmed (result: claimant-won)

Facts

  1. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    During the meeting, Mazzulla admitted to possession of a personal quantity of methamphetamine and consented to a search of his vehicle.
  2. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    During the interview, Mazzulla admitted that over the past two years he sold up to two ounces of methamphetamine per week to his employees.
  3. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    The officers searched the motor home and found approximately 49 grams of methamphetamine, a pistol, and some drug paraphernalia.
  4. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    During the course of trial, several other witnesses testified about their drug-related interactions with Mazzulla, most of whom had bought various quantities of methamphetamine from him.
  5. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    Viewing the record in the light most favorable to the government, we are satisfied that the evidence supports the verdict on every count.
  6. 1 Identified offense in Subchapter I satisfied proved
    During the interview, Mazzulla admitted that over the past two years he sold up to two ounces of methamphetamine per week to his employees.
  7. 1 Identified offense in Subchapter I satisfied proved
    Viewing the record in the light most favorable to the government, we are satisfied that the evidence supports the verdict on every count.
  8. 2 Agreement of two or more persons to the unlawful object satisfied proved
    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.
  9. 2 Agreement of two or more persons to the unlawful object satisfied proved
    Utley identified Mazzulla as Burke's source.
  10. 2 Agreement of two or more persons to the unlawful object satisfied proved
    Viewing the record in the light most favorable to the government, we are satisfied that the evidence supports the verdict on every count.