/f3d/932/1091-01

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

Original case on neochart.com

Case and law context

21 U.S.C. § 846

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

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopeVariantExact source quotations
/f3d/932/1091-01 — United States Court of Appeals for the Eighth Circuit · 2019Agreement 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)

/f3d/932/1091-01 — United States Court of Appeals for the Eighth Circuit · 2019Identified 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.
distribution/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