United States v. Mazzulla — 932 F.3d 1091 (2019) · United States Court of Appeals for the Eighth Circuit · 2019

United States Court of Appeals for the Eighth Circuit · 2019-08-02

21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md); 21usc846: author: Astra4 · not independently reviewed

Original case on neochart.com

Case and law context

21 U.S.C. § 841

Role: applied; posture: criminal; jury convictions for conspiracy (§ 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; claim: (a)(1) & (b)(1)(A),(b)(1)(B)

Uncertainty

opinion: the two paragraphs @29068..29375 are the opinion's own footnotes appended by the IR; one span.

Element intent-to-distribute: scope: the reasoned ruling on intent is the lesser-included-instruction ruling ("The court did not abuse its discretion in declining to give a simple possession instruction."), a procedural ruling; the merits holding recorded here is the global sufficiency sentence. The specific sufficiency argument on appeal went to the conspiracy count (witness credibility).

Element intent-to-distribute: polarity: the cuts-against fact is the 2015 stop (3.1 grams), not the count II seizure; it is the only personal-use fact in the opinion.

Element possession: decider: the court's "evidence supports the verdict on every count" could be read as affirming this finding (review affirmed); recorded as unreviewed because possession is never discussed.

Misfit

None recorded

21 U.S.C. § 846

Role: applied; posture: Jury conviction appeal with §846 conspiracy and §841 object counts; result: claimant-won; claim:

Uncertainty

None recorded

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.

Claimant outcome refers to the prosecuting government, not the defendant-appellant; remanded and mixed retain unresolved or split dispositions.

B · Case × element grid

Top-level elements follow claim order in panels of up to six elements. Case rows repeat across panels. Every recorded block retains its holding and basis; multiple blocks are not merged into a case-level verdict. ✓ satisfied · ✗ not satisfied · ○ not reached · · not addressed. Muted blocks are not counted. Sub-element evidence remains on case and element pages.

Elements 1–6 of 18

21 U.S.C. § 841
CaseMens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)Controlled substance (21 U.S.C. §§ 802(6), 812 Schedules I-V) or counterfeit substance (§ 841(a)(2))Authorization exception ("Except as authorized by this subchapter") for registered practitioners/handlersPossession (actual, constructive, sole, or joint dominion and control)Specific intent to manufacture, distribute, or dispense the possessed controlled substancePartial penalty-tier drug type and quantity table (selected § 841(b)(1)(A)-(D) hook)
United States v. Mazzulla — 932 F.3d 1091 (2019) · United States Court of Appeals for the Eighth Circuit · 2019 (21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· not addressed· not addressed· not addressed
✓ satisfied · provedNot counted: applied/lower-court
· not addressed

Elements 7–12 of 18

21 U.S.C. § 841
CaseDeath or serious bodily injury results from the use of such substance (§ 841(b)(1)(A)-(C) 20-year mandatory minimum)Recidivist enhancement for prior conviction for a serious drug felony or serious violent felony (§ 841(b)(1), 21 U.S.C. § 851)Prohibited act under § 841(a)(1): manufacture, distribute, or dispenseCross-statute route alias: see separate aiding-abetting (§ 2) and x-conspiracy-846 (§ 846) routesAiding and abetting route under 18 U.S.C. § 2 (cross-statute)Categorical / modified categorical comparison of state drug offense to 21 U.S.C. § 841 (INA / ACCA / Guidelines)
United States v. Mazzulla — 932 F.3d 1091 (2019) · United States Court of Appeals for the Eighth Circuit · 2019 (21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· not addressed· not addressed· not addressed· not addressed· not addressed· not addressed

Elements 13–18 of 18

21 U.S.C. § 841
CaseDrug conspiracy route under 21 U.S.C. § 846 (cross-statute)Fifth Amendment Due Process / Equal Protection challenge to carrier-medium weight sentencing (Chapman)Affirmative defense of entrapment (government inducement + lack of predisposition)Rule of lenity in construing ambiguous penalty provisions of § 841(b)Fifth Amendment void-for-vagueness challenge to "mixture or substance" or analogue provisionsContinuing-offense venue for § 841(a)(1) possession with intent to distribute / distribution (18 U.S.C. § 3237(a))
United States v. Mazzulla — 932 F.3d 1091 (2019) · United States Court of Appeals for the Eighth Circuit · 2019 (21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· not addressed· not addressed· not addressed· not addressed· not addressed· not addressed

B · Case × element grid

Top-level elements follow claim order in panels of up to six elements. Case rows repeat across panels. Every recorded block retains its holding and basis; multiple blocks are not merged into a case-level verdict. ✓ satisfied · ✗ not satisfied · ○ not reached · · not addressed. Muted blocks are not counted. Sub-element evidence remains on case and element pages.

Elements 1–6 of 8

21 U.S.C. § 846
CaseIdentified offense in Subchapter IAgreement of two or more persons to the unlawful objectKnowledge of the unlawful agreement and objectiveKnowing and voluntary participation in the agreementWithdrawal before the applicable limitations periodIntent to commit the identified object offense
United States v. Mazzulla — 932 F.3d 1091 (2019) · United States Court of Appeals for the Eighth Circuit · 2019 (21usc846: author: Astra4 · not independently reviewed)· not addressed· not addressed· not addressed· not addressed

Elements 7–8 of 8

21 U.S.C. § 846
CaseConduct beyond preparation strongly corroborating intentObject-offense penalty incorporation
United States v. Mazzulla — 932 F.3d 1091 (2019) · United States Court of Appeals for the Eighth Circuit · 2019 (21usc846: author: Astra4 · not independently reviewed)· not addressed· not addressed

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopePatternExact source quotations
United States v. Mazzulla — 932 F.3d 1091 (2019) · United States Court of Appeals for the Eighth Circuit · 2019 — satisfied · proved (21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md); 21usc846: author: Astra4 · not independently reviewed)Specific intent to manufacture, distribute, or dispense the possessed controlled substancesatisfied
Counted merits instance
applied / merits

basis: proved; claim: (a)(1) & (b)(1)(A),(b)(1)(B)

Sufficiency upheld on every count in one sentence; the court's actual discussion of intent to distribute is in its approval of the refusal to give a simple-possession instruction on count II (49 grams was more than a personal-use quantity, distribution paraphernalia, non-accomplice testimony of sales), reviewed for abuse of discretion.
baggies-scale-and-witness-testimony
The officers searched the motor home and found approximately 49 grams of methamphetamine, a pistol, and some drug paraphernalia.
Source: docroot/ir/caselaw/f3d_932.jsonl#/f3d/932/1091-01; Unicode character offsets [4358:4486] (end exclusive); SHA-256 134fb3d6293d60034b50e328b2f8bc6338c96fa98b9411a4bc86a8b0b50fded8.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

During the interview, Mazzulla admitted that over the past two years he sold up to two ounces of methamphetamine per week to his employees.
Source: docroot/ir/caselaw/f3d_932.jsonl#/f3d/932/1091-01; Unicode character offsets [2040:2179] (end exclusive); SHA-256 134fb3d6293d60034b50e328b2f8bc6338c96fa98b9411a4bc86a8b0b50fded8.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

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.
Source: docroot/ir/caselaw/f3d_932.jsonl#/f3d/932/1091-01; Unicode character offsets [11062:11248] (end exclusive); SHA-256 134fb3d6293d60034b50e328b2f8bc6338c96fa98b9411a4bc86a8b0b50fded8.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

During the meeting, Mazzulla admitted to possession of a personal quantity of methamphetamine and consented to a search of his vehicle.
Source: docroot/ir/caselaw/f3d_932.jsonl#/f3d/932/1091-01; Unicode character offsets [1679:1814] (end exclusive); SHA-256 134fb3d6293d60034b50e328b2f8bc6338c96fa98b9411a4bc86a8b0b50fded8.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Viewing the record in the light most favorable to the government, we are satisfied that the evidence supports the verdict on every count.
Source: docroot/ir/caselaw/f3d_932.jsonl#/f3d/932/1091-01; Unicode character offsets [28848:28985] (end exclusive); SHA-256 134fb3d6293d60034b50e328b2f8bc6338c96fa98b9411a4bc86a8b0b50fded8.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

United States v. Mazzulla — 932 F.3d 1091 (2019) · United States Court of Appeals for the Eighth Circuit · 2019 — satisfied · proved (21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md); 21usc846: author: Astra4 · not independently reviewed)Possession (actual, constructive, sole, or joint dominion and control)satisfied
Excluded from merits counts
applied / lower-court

basis: proved; claim: (a)(1) & (b)(1)(A),(b)(1)(B)

Jury finding only: possession was not separately contested or analysed on appeal (the conviction was affirmed by the global sufficiency sentence). Drugs were in the camper defendant had just stepped out of and, later, under the hood of a co-defendant's van in the garage where he lived.
residence-camper-and-vehicle-storage
The officers ordered the people to come out, and Mazzulla and a woman (later identified as Rhonda Meador) stepped out.
Source: docroot/ir/caselaw/f3d_932.jsonl#/f3d/932/1091-01; Unicode character offsets [4239:4357] (end exclusive); SHA-256 134fb3d6293d60034b50e328b2f8bc6338c96fa98b9411a4bc86a8b0b50fded8.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

The officers searched the motor home and found approximately 49 grams of methamphetamine, a pistol, and some drug paraphernalia.
Source: docroot/ir/caselaw/f3d_932.jsonl#/f3d/932/1091-01; Unicode character offsets [4358:4486] (end exclusive); SHA-256 134fb3d6293d60034b50e328b2f8bc6338c96fa98b9411a4bc86a8b0b50fded8.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

The search of the Folsom St. garage was done in the early morning of April 22 and resulted in seizure of 210 grams of methamphetamine found under the hood of Burke's green van parked in the garage.
Source: docroot/ir/caselaw/f3d_932.jsonl#/f3d/932/1091-01; Unicode character offsets [5514:5711] (end exclusive); SHA-256 134fb3d6293d60034b50e328b2f8bc6338c96fa98b9411a4bc86a8b0b50fded8.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

United States v. Mazzulla — 932 F.3d 1091 (2019) · United States Court of Appeals for the Eighth Circuit · 2019 — satisfied · proved (21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md); 21usc846: author: Astra4 · not independently reviewed)Agreement of two or more persons to the unlawful objectsatisfied
Counted merits instance
applied / merits

basis: proved; count: Count I conspiracy; subject: count=Count I conspiracy

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.
supply-network/cohabiting-supplier-and-distributor
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.
Source: docroot/ir/caselaw/f3d_932.jsonl#/f3d/932/1091-01; Unicode character offsets [3059:3248] (end exclusive); SHA-256 134fb3d6293d60034b50e328b2f8bc6338c96fa98b9411a4bc86a8b0b50fded8.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Utley identified Mazzulla as Burke's source.
Source: docroot/ir/caselaw/f3d_932.jsonl#/f3d/932/1091-01; Unicode character offsets [3249:3293] (end exclusive); SHA-256 134fb3d6293d60034b50e328b2f8bc6338c96fa98b9411a4bc86a8b0b50fded8.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Viewing the record in the light most favorable to the government, we are satisfied that the evidence supports the verdict on every count.
Source: docroot/ir/caselaw/f3d_932.jsonl#/f3d/932/1091-01; Unicode character offsets [28848:28985] (end exclusive); SHA-256 134fb3d6293d60034b50e328b2f8bc6338c96fa98b9411a4bc86a8b0b50fded8.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

United States v. Mazzulla — 932 F.3d 1091 (2019) · United States Court of Appeals for the Eighth Circuit · 2019 — satisfied · proved (21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md); 21usc846: author: Astra4 · not independently reviewed)Identified offense in Subchapter Isatisfied
Counted merits instance
applied / merits

basis: proved; count: Count I conspiracy; subject: count=Count I conspiracy

The opinion separately reaches sufficiency after rejecting other trial objections. The object is identified through evidence of methamphetamine distribution, not merely the indictment caption.
admitted-recurring-methamphetamine-sales
During the interview, Mazzulla admitted that over the past two years he sold up to two ounces of methamphetamine per week to his employees.
Source: docroot/ir/caselaw/f3d_932.jsonl#/f3d/932/1091-01; Unicode character offsets [2040:2179] (end exclusive); SHA-256 134fb3d6293d60034b50e328b2f8bc6338c96fa98b9411a4bc86a8b0b50fded8.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Viewing the record in the light most favorable to the government, we are satisfied that the evidence supports the verdict on every count.
Source: docroot/ir/caselaw/f3d_932.jsonl#/f3d/932/1091-01; Unicode character offsets [28848:28985] (end exclusive); SHA-256 134fb3d6293d60034b50e328b2f8bc6338c96fa98b9411a4bc86a8b0b50fded8.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations recorded from this case