At page 914 Determining existence of a single conspiracy22 citing casesconcluding a single conspiracy was proven when the evidence established a common goal to distribute cocaine in a particular area
- United States v. Levon Dean, Jr., 810 F.3d 521 (8th Cir. 2015).publishedUnited States v. Benford, 360 F.3d 913, 914 (8th Cir.2004).
- United States v. Fidel Sanchez, 789 F.3d 827 (8th Cir. 2015).publishedUnited States v. Benford, 360 F.3d 913, 914 (8th Cir.2004).
- United States v. Guillermo Ortiz, 451 F. App'x 634 (8th Cir. 2012).unpublished Where a defendant argues that the evidence varies from the indictment by establishing multiple and different conspiracies from the single conspiracy charged, “[w]e will reverse only if we find the evidence adduced at trial does not support…
- United States v. Slagg, 651 F.3d 832 (8th Cir. 2011).publishedUnited States v. Benford, 360 F.3d 913, 914 (8th Cir.2004).
- United States v. Longs, 613 F.3d 1174 (8th Cir. 2010).publishedWhere, as here, a defendant argues the evidence varies from the conspiracy charged in the indictment by establishing multiple and different conspiracies than the one charged, “[w]e will reverse only if we find the evidence adduced at trial…
- United States v. Whirlwind Soldier, 499 F.3d 862 (8th Cir. 2007).publishedUnited States v. Benford, 360 F.3d 913, 914 (8th Cir.2004).
- United States v. Lucas, 499 F.3d 769 (8th Cir. 2007).published The law recognizes that “[a] single conspiracy may exist even if the participants and their activities change over time, and even if many participants are unaware of, and uninvolved in, some of the transactions.” United States v. Benford,…
- United States v. Tylan Lucas, No. 05-2165 (8th Cir. Aug. 23, 2007).publishedThe law recognizes that "[a] single conspiracy may exist even if the participants and their activities change over time, and even if many participants are unaware of, and uninvolved in, some of the transactions." United States v. Benford,…
- United States v. Manuel Cubillos, 474 F.3d 1114 (8th Cir. 2007).published United States v. Benford, 360 F.3d 913, 914 (8th Cir. 2004).
- United States v. Sarmiento, 457 F. Supp. 2d 932 (D.S.D. 2006).publishedWhen a defendant contends the evidence proves a different conspiracy than the one charged in the indictment, “[w]e will reverse only if we find the evidence adduced at trial does not support a finding of a single conspiracy, and we determi…
Show 9 more citing cases
- United States v. Juan Rodriguez, 188 F. App'x 551 (8th Cir. 2006).unpublishedIn addition, when a defendant contends the evidence proves a different conspiracy than the one charged in the indictment, “[w]e will reverse only if we find the evidence adduced at trial does not support a finding of a single conspiracy, a…
- United States v. Rommel Smith, 450 F.3d 856 (8th Cir. 2006).published Where, as here, a defendant argues the evidence varies from the conspiracy charged in the indictment by establishing multiple and different conspiracies than the one charged, “[w]e will reverse only if we find the evidence adduced at trial…
- United States v. Shawn Barth, 424 F.3d 752 (8th Cir. 2005).publishedRegardless of whether there was a single conspiracy or multiple conspiracies, “[w]e will reverse only if we find the evidence adduced at trial does not support a finding of a single conspiracy, and we determine [the defendants were] prejud…
- United States v. Shawn Leo Barth, United States of Am. v. Rosalio Guitron-Vargas, Also Known as Gregorio Arechigo Velasco, Also Known as Josue Efrain Nino, United States of Am. v. Nancy Elizabeth Ferneau, 424 F.3d 752 (8th Cir. 2005).publishedRegardless of whether there was a single conspiracy or multiple conspiracies, "[w]e will reverse only if we find the evidence adduced at trial does not support a finding of a single conspiracy, and we determine [the defendants were] prejud…
- Turner v. United States, No. 1:16-cv-00268 (E.D. Mo. Mar. 20, 2020).(concluding a single conspiracy was proven when the evidence established a common goal to distribute cocaine in a particular area)
- United States v. Cory Kamerud, 629 F.3d 790 (8th Cir. 2011).published(concluding a single conspiracy was proven when the evidence established a common goal to distribute cocaine in a particular area)
- United States v. Buckley, 525 F.3d 629 (8th Cir. 2008).published Nichols v. United States, 540 U.S. 1167 , 124 S.Ct. 1184 , 157 L.Ed.2d 1215 (2004); accord United States v. Benford, 360 F.3d 913, 914-15 (8th Cir.2004).
- United States v. Hernandez, 450 F. Supp. 2d 950 (N.D. Iowa 2006).publishedSee Boysiewick, 179 F.3d at 620 (courts “do not ... need to address the performance prong if petitioner does not affirmatively prove prejudice”) (citing Pryor, 103 F.3d 710 ). “ ‘Whether the government’s proof at trial established only a s…
- United States v. Alston Campbell, Jr., 986 F.3d 782 (8th Cir. 2021).published(A single conspiracy may exist even if the participants and their activities change over time, and even if many participants are unaware of, or uninvolved in, some of the transactions.” (emphasis added))
At page 915 Determining minor participant role reduction under sentencing guidelines3 citing casesstandard of review; defendant bears burden of demonstrating entitlement to reduction
- United States v. Deodoro Granillo, 111 F. App'x 854 (8th Cir. 2004).unpublished(standard of review; defendant bears burden of demonstrating entitlement to reduction)
- United States v. Jean M. Bertling, 370 F.3d 818 (8th Cir. 2004).published See United States v. Benford, 360 F.3d 913, 915 (8th Cir. 2004). -4- At sentencing, Ms. Bertling testified as follows about her participation in the manufacturing of methamphetamine.
At page 913 “we will reverse only if we find the evidence adduced at trial does not support a finding of a single conspiracy, and we determine the defendants were prejudiced by the variance.”0 citing cases
v.
James BENFORD, Appellant
James Benford (Benford) appeals his conviction and sentence. After waiving a jury trial, the district court [1] found Ben-ford guilty of one count of conspiracy to possess with intent to distribute cocaine base. 21 U.S.C. §§ 841(a)(1) and 846. At sentencing, the district court denied Ben-ford a reduction for a minor role in the offense and sentenced him to 324 months imprisonment and a five-year term of supervised release. On appeal, Benford argues the district court erred in finding a single conspiracy rather than multiple conspiracies, and also erred in denying him a minor role reduction. We affirm.
Whether the government’s proof at trial established only a single conspiracy or multiple conspiracies is a question of fact, United States v. Morales, 113 F.3d 116, 118 (8th Cir.1997), which we review for clear error, United States v. Contreras, 283 F.3d 914, 916 (8th Cir.2002). “A single conspiracy is composed of individuals sharing common purposes or objectives under one general agreement.” Morales, 113 F.3d at 118-19 (internal quotations omitted). “A single conspiracy may exist even if the participants and them activities change over time, and even if many participants are unaware of, or uninvolved in, some of the transactions.” Contreras, 283 F.3d at 916 (quoting United States v. Roach, 164 F.3d 403, 412 (8th Cir.1998)).
In order for Benford to prevail on his theory of fatal variance between the single conspiracy charged in the indictment and the government’s proof of multiple conspiracies at trial, Benford must first establish the existence of a variance, and he must also show the variance affected his substantial rights. United States v. Lopez-Arce, 267 F.3d 775, 781 (8th Cir.2001). We will reverse only if we find the evidence adduced at trial does not support a finding of a single conspiracy, and we determine Benford was prejudiced by the variance. Id. Viewing the evidence in the light most favorable to the verdict, the evidence adduced at trial amply supports the district court’s finding of a single conspiracy, which (1) had as its common goal the possession and sale of large quantities of crack cocaine in east Omaha, (2) continued over a long period of time, and (3) included members of the same street gang. Id. at 782. Furthermore, we conclude Benford suffered no prejudice because he was the only defendant being tried, and he would clearly be “implicated in any other[*915] conspiracy the evidence could [conceivably] prove.” Id. at 781.
Next, Benford contends the district court erred in denying him a two-level reduction for being a minor participant. See U.S.S.G. § 3B1.2(b). The Application Notes define a minor participant as a participant “who is less culpable than most other participants, but whose role could not be described as minimal.” U.S.S.G. § 3B1.2, cmt. n. 5. Benford bears the burden of proving he is entitled to a minor participant role reduction. United States v. Speller, 356 F.3d 904, 907 (8th Cir.2004). Whether a particular defendant qualifies for a role reduction under the Sentencing Guidelines is a question of fact, United States v. Thurmon, 278 F.3d 790, 792 (8th Cir.2002), which we review for clear error, United States v. Surratt, 172 F.3d 559, 567 (8th Cir.1999). The district court found that, in distributing two and a half kilos of crack cocaine over a long period of time, Benford did not play a minor role in the conspiracy when compared to other co-conspirators. We conclude Benford, a street-level dealer, failed to prove he was less culpable than most of his co-conspirators, and the district court did not err in denying Benford a role reduction.
Accordingly, we affirm Benford’s conviction and sentence. See 8th Cir. R. 47B.
. The Honorable Lyle E. Strom, United States District Judge for the District of Nebraska.