United States v. Warren Tyler, 758 F.2d 66 (2d Cir. 1985). · Go Syfert
United States v. Warren Tyler, 758 F.2d 66 (2d Cir. 1985). Cases Citing This Book View Copy Cite
135 citation events (31 in the last 25 years) across 18 distinct courts.
Strongest positive: State of Tennessee v. Thaddaeus Medford (tenncrimapp, 2003-10-21) · Strongest negative: United States v. Thomas J. Ciambrone, Jr. (ca2, 1986-04-04)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited "but see" United States v. Thomas J. Ciambrone, Jr.
2d Cir. · 1986 · signal: but cf. · confidence high
But cf. United States v. Tyler, 758 F.2d 66 (2d Cir.1985) (conspiracy conviction reversed on sufficiency grounds where no evidence of an agreement between the only two alleged participants).
examined Cited as authority (verbatim quote) State of Tennessee v. Thaddaeus Medford
Tenn. Crim. App. · 2003 · signal: see · quote attribution · 1 verbatim quote · confidence high
when the -31- testimony of a witness is not believed, the trier of fact may simply disregard it. normally, the discredited testimony is not considered a sufficient basis for drawing a contrary conclusion.
discussed Cited as authority (quoted) State of Tennessee v. Anthony Crowe - Dissenting
Tenn. Crim. App. · 2004 · signal: see · quote attribution · 1 verbatim quote · confidence high
when the testimony of a witness is not believed, the trier of fact may simply disregard it. normally, the discredited testimony is not considered a sufficient basis for drawing a contrary conclusion.
discussed Cited as authority (rule) United States v. Cole
2d Cir. · 2025 · confidence medium
But, the government says, the jury could still have believed Cole was guilty of the Substantive Counts: it might have “agreed that Cole did not enter an unlawful agreement with Horowitz, Rabin, or Margolis, [but] . . . found that their coordination amounted to one or all three witnesses aiding and abetting Cole’s commission of the scheme, or vice versa, or that Cole perpetrated the crimes alone.” Id. at 25–26. 11 11 Conspiracy liability and aiding and abetting liability are “separate and distinct.” United States v. Tyler, 758 F.2d 66, 70 (2d Cir. 1985).
discussed Cited as authority (rule) United States v. Willis
2d Cir. · 2021 · confidence medium
See Dunn v. United States, 284 U.S. 390, 393 (1932) (“Consistency in the verdict is not necessary.”); see also United States v. Carbone, 378 F.2d 420, 422 (2d Cir. 1967) (discussing Dunn); United States v. Tyler, 758 F.2d 66, 70-71 (2d Cir. 1985) (noting that “there is nothing inconsistent in our determination that the evidence was insufficient with respect to the conspiracy 21 18-3617-cr (L) United States v. Willis, et al 1 II 2 Both defendants were convicted under Count 6 for maintaining a premises 3 where drugs were manufactured or distributed.
discussed Cited as authority (rule) United States v. Willis
2d Cir. · 2021 · confidence medium
See Dunn v. United States, 284 U.S. 390, 393 (1932) (“Consistency in the verdict is not necessary.”); see also United States v. Carbone, 378 F.2d 420, 422 (2d Cir. 1967) (discussing Dunn); United States v. Tyler, 758 F.2d 66, 70-71 (2d Cir. 1985) (noting that “there is nothing inconsistent in our determination that the evidence was insufficient with respect to the conspiracy 21 18-3617-cr (L) United States v. Willis, et al 1 II 2 Both defendants were convicted under Count 6 for maintaining a premises 3 where drugs were manufactured or distributed.
cited Cited as authority (rule) United States v. Daniel Ladeau
6th Cir. · 2017 · confidence medium
United States v. Tyler, 758 F.2d 66, 68-70 (2d Cir. 1985), doesn’t advance Defendant’s position either.
examined Cited as authority (rule) United States v. Hawkins (3×)
2d Cir. · 2008 · confidence medium
See United States v. Lechuga, 994 F.2d 346, 349 (7th Cir.) (en banc) (“A person who sells a gun knowing that the buyer intends to murder someone may or may not be an aider or abettor of the murder, but he is not a conspirator, because he and his buyer do not have an agreement to murder anyone.”), cert. denied, 510 U.S. 982 , 114 S.Ct. 482 , 126 L.Ed.2d 433 (1993); United States v. Tyler, 758 F.2d 66, 70-71 (2d Cir.1985) (reversing conviction for conspiracy to distribute heroin of defendant who helped willing buyer find willing seller, but affirming his conviction for aiding and abetting he…
examined Cited as authority (rule) United States v. Luna (USA) (3×)
2d Cir. · 2008 · confidence medium
See United States v. Lechuga, 994 F.2d 346, 349 (7th 11 Cir.) (en banc) (“A person who sells a gun knowing that the buyer intends to murder someone 12 may or may not be an aider or abettor of the murder, but he is not a conspirator, because he and 13 his buyer do not have an agreement to murder anyone.”), cert. denied, 510 U.S. 982 (1993); 14 United States v. Tyler, 758 F.2d 66, 70-71 (2d Cir. 1985) (reversing conviction for conspiracy to 15 distribute heroin of defendant who helped willing buyer find willing seller, but affirming his 16 conviction for aiding and abetting heroin distributi…
discussed Cited as authority (rule) State v. Horton
R.I. · 2005 · confidence medium
Horton essentially argues that “disbelief of a defendant’s testimony may supplement already existing evidence and help make the evidence in a borderline case sufficient,” United States v. Tyler, 758 F.2d 66, 70 (2nd Cir.1985), only when “the evidence apart from the incredibility of the defendant’s testimony was sufficient or very close to sufficient.” Id. at 69 .
cited Cited as authority (rule) United States v. Massino
E.D.N.Y · 2004 · confidence medium
United States v. Tyler, 758 F.2d 66, 70-71 (2d Cir.1985) (internal citations omitted).
discussed Cited as authority (rule) State of Tennessee v. Thaddaeus Medford - Dissenting
Tenn. Crim. App. · 2003 · confidence medium
Furthermore, a jury “has a right to consider the defendant’s lack of credibility in reaching its verdict” and a defendant’s “incredible story [is] another circumstance that the jury [is] entitled to consider.” United States v. Tyler, 758 F.2d 66, 69 (2nd Cir. 1985).
discussed Cited as authority (rule) United States v. Houston
W.D. Tenn. · 2002 · confidence medium
See United States v. Garcia and Wolfe, 866 F.2d 147, 152 (6th Cir.1989) (defendant claimed evidence insufficient to prove constructive possession or knowledge of cocaine, but “because [he] chose to testify, the jury had an opportunity to judge his credibility, and was entitled to consider any lack of credibility in reaching its verdict”); see also United States v. Cotton, 770 F.2d 940, 945 (11th Cir.1985); United States v. Tyler, 758 F.2d 66, 69 (2d Cir.1985).
discussed Cited as authority (rule) United States v. Ramos
2d Cir. · 2002 · confidence medium
See, e.g., United States v. Stanley, 928 F.2d 575, 577 (2d Cir.) (“the jury [is] entitled to disbelieve [the defendant’s] testimony, and use its disbelief to supplement the other evidence against h[er]”), cert. denied, 502 U.S. 845 , 112 S.Ct. 141 , 116 L.Ed.2d 108 (1991); United States v. Tyler, 758 F.2d 66, 69 (2d Cir.1985) (“the jury has a right to consider the defendant’s lack of credibility in reaching its verdict”).
discussed Cited as authority (rule) United States v. Miguel Velasquez
2d Cir. · 2001 · confidence medium
However, “[i]n each of the cases in which the jury’s disbelief was relied on as a factor supporting affirmance, the evidence apart from the incredibility of the defendant’s testimony was sufficient or very close to sufficient.” United States v. Tyler, 758 F.2d 66, 69 (2d Cir.1985).
discussed Cited as authority (rule) United States v. Lance Samaria, AKA Lance Samarie, Eric Rondell Glover, Frank Elaiho
2d Cir. · 2001 · confidence medium
However, his statement [does] not establish, nor was it sufficient for an inference to be drawn, that [he] knew of the conspiracy charged.”) (internal citation omitted); United States v. Tyler, 758 F.2d 66, 69 (2d Cir.1985) (“In each of the cases in which the jury’s disbelief was relied on as a factor supporting affirmance, the evidence apart from the incredibility of the defendant’s testimony was sufficient or very close to sufficient.”); United States v. Di Stefano, 555 F.2d 1094, 1104 (2d Cir.1977) (finding plain error in an instruction that false statements indicating “consciou…
discussed Cited as authority (rule) United States v. Reyes
2d Cir. · 1998 · confidence medium
Sufficiency of the Evidence for Conspiracy to Murder Ronnie Gedders Reyes argues that the evidence was insufficient to sustain his conviction for the conspiracy to murder Ronnie Gedders because the conviction “was based solely on the uncorroborated testimony of Raul Vargas,” which (he argues) was “simply insufficient for the jury to have satisfied every element required for it to return a guilty verdict.” When reviewing a conviction for an alleged insufficiency of evidence, this Court will view the evidence “in the light most favorable to the government, and constru[e] all permissibl…
discussed Cited as authority (rule) United States v. Reyes
2d Cir. · 1998 · confidence medium
Sufficiency of the Evidence for Conspiracy to Murder Ronnie Gedders 40 Reyes argues that the evidence was insufficient to sustain his conviction for the conspiracy to murder Ronnie Gedders because the conviction "was based solely on the uncorroborated testimony of Raul Vargas," which (he argues) was "simply insufficient for the jury to have satisfied every element required for it to return a guilty verdict." 41 When reviewing a conviction for an alleged insufficiency of evidence, this Court will view the evidence "in the light most favorable to the government, and constru[e] all permissible in…
discussed Cited as authority (rule) United States v. Desimone
unknown court · 1997 · confidence medium
For this proposition, he relies on United States v. Tyler, 758 F.2d 66, 69 (2d Cir.1985) and United States v. Hysohion, 448 F.2d 343, 347 (2d Cir.1971), where we held that a defendant is not a party to a conspiratorial agreement simply because he introduced a person willing to buy drugs to another person willing to sell them.
discussed Cited as authority (rule) United States v. Desimone
unknown court · 1997 · confidence medium
For this proposition, he relies on United States v. Tyler, 758 F.2d 66, 69 (2d Cir.1985) and United States v. Hysohion, 448 F.2d 343, 347 (2d Cir.1971), where we held that a defendant is not a party to a conspiratorial agreement simply because he introduced a person willing to buy drugs to another person willing to sell them. 18 In Tyler we reversed the conspiracy conviction of a defendant who introduced an undercover officer to a drug dealer from whom the officer subsequently purchased heroin. 758 F.2d at 70 .
cited Cited as authority (rule) United States v. William C. Wyatt
2d Cir. · 1997 · confidence medium
United States v. Tyler, 758 F.2d 66, 69 (2d Cir.1985) (emphasis added); see United States v. Hysohion, 448 F.2d 343, 347 (2d Cir.1971) ("mere casual facilitator" cannot be convicted of conspiracy).
discussed Cited as authority (rule) United States v. Robert Aulicino, Jr., David Cleary, and Louis Ruggiero, Jr.
2d Cir. · 1995 · confidence medium
See, e.g., United States v. Stanley, 928 F.2d 575, 577 (2d Cir.) (“the jury [is] entitled to disbelieve [the defendant’s] testimony, and use its disbelief to supplement the other evidence against him” adduced by the government (emphasis added)), cert. denied, 502 U.S. 845 , 112 S.Ct. 141 , 116 L.Ed.2d 108 (1991); United States v. Tyler, 758 F.2d 66, 69 (2d Cir.1985) (“the jury has a right to consider the defendant’s lack of credibility in reaching its verdict”).
discussed Cited as authority (rule) Portee v. Hastava
E.D.N.Y · 1994 · confidence medium
The court held that, “although the jury’s disbelief of a defendant’s testimony may supplement already existing evidence and help make the evidence in a borderline case sufficient, in the instant case there was simply no existing evidence to supplement.” Id. at 70 (footnote omitted).
discussed Cited as authority (rule) United States v. Dale M. Hendrickson (2×)
2d Cir. · 1994 · signal: cf. · confidence medium
Cf. United States v. Tyler, 758 F.2d 66, 70-71 (2d Cir.1985) (conspiratorial agreement requires more than the “ ‘community of unlawful intent’ ” required for aiding and abetting liability) (quoting United States v. Bright, 630 F.2d 804, 813 (5th Cir.1980)) (citations omitted).
discussed Cited as authority (rule) United States v. Friedman
unknown court · 1993 · confidence medium
“By taking the stand and offering his own version of events, [DiSomma] '“waive[s] any claim as to the sufficiency of the .Government’s case considered alone.”’” United States v. Roldan-Zapata, 916 F.2d 795, 803 (2d Cir.1990), cert. denied, — U.S.-, 111 S.Ct. 1397 , 113 L.Ed.2d 453 (1991) (quoting United States v. Tyler, 758 F.2d 66, 69 (2d Cir.1985)) (citations omitted).
discussed Cited as authority (rule) United States v. Friedman
unknown court · 1993 · confidence medium
"By taking the stand and offering his own version of events, [DiSomma] ' "waive[s] any claim as to the sufficiency of the Government's case considered alone." ' " United States v. Roldan-Zapata, 916 F.2d 795, 803 (2d Cir.1990), cert. denied, --- U.S. ----, 111 S.Ct. 1397 , 113 L.Ed.2d 453 (1991) (quoting United States v. Tyler, 758 F.2d 66, 69 (2d Cir.1985)) (citations omitted).
discussed Cited as authority (rule) United States v. Benevides
1st Cir. · 1993 · confidence medium
In his motion to the district court for judgment of acquittal, and again on appeal, defendant has relied on United States v. Tyler, 758 F.2d 66, 69 (2d Cir. 1985), to argue that he merely helped a willing buyer locate a willing seller.
discussed Cited as authority (rule) United States v. Benevides
1st Cir. · 1993 · confidence medium
In his motion to the district court for judgment of acquittal, and again on appeal, defendant has relied on United States v. Tyler, 758 F.2d 66, 69 (2d Cir. 1985), to _____________ _____ argue that he merely helped a willing buyer locate a willing seller.
discussed Cited as authority (rule) United States v. Joseph S. Benevides
1st Cir. · 1993 · confidence medium
In his motion to the district court for judgment of acquittal, and again on appeal, defendant has relied on United States v. Tyler, 758 F.2d 66, 69 (2d Cir.1985), to argue that he merely helped a willing buyer locate a willing seller.
discussed Cited as authority (rule) United States v. Julio Alberto Tejada, Mancebo, United States of America v. Winston Cabrera
2d Cir. · 1992 · confidence medium
We properly may uphold a conviction even if a defendant did not participate “ ‘in every phase of the criminal venture,’ ” United States v. Ciambrone, 787 F.2d 799, 809 (2d Cir.) (citations omitted), cert. denied, 479 U.S. 1017 , 107 S.Ct. 668 , 93 L.Ed.2d 720 (1986), or have a “stake in the outcome of the illegal venture.” United States v. Tyler, 758 F.2d 66, 70 (2d Cir.1985).
cited Cited as authority (rule) State v. Mattatall
R.I. · 1992 · confidence medium
United States v. Tyler, 758 F.2d 66, 69 (2d Cir.1985); United States v. Hood, 493 F.2d 677, 681 (9th Cir.1974).
discussed Cited as authority (rule) UNITED STATES of America, Appellee, v. Steven B. WEISS, Defendant-Appellant (2×)
2d Cir. · 1991 · confidence medium
DaSilva v. United States, - U.S. -, 110 S.Ct. 1936 , 109 L.Ed.2d 299 (1990). “‘[A] reviewing court must draw all available inferences, and resolve all issues of credibility, in favor of the jury’s verdict.’ ” United States v. Tyler, 758 F.2d 66, 68 (2d Cir.1985) (quoting United States v. Young, 745 F.2d 733, 762 (2d Cir.1984), cert. denied sub nom.
discussed Cited as authority (rule) United States v. Olawale Olamrewaju Oguns, Adenrele
2d Cir. · 1990 · confidence medium
The jury may base its verdict entirely on inferences from circumstantial evidence, United States v. Mariani, 725 F.2d 862, 865-66 (2d Cir.1984), and the evidence “ ‘need not have excluded every possible hypothesis of innocence.’ ” United States v. Tyler, 758 F.2d 66, 68 (2d Cir.1985) (quoting United States v. Soto, 716 F.2d 989, 993 (2d Cir.1983)).
discussed Cited as authority (rule) United States v. Oscar Roldan-Zapata and Pedro Osario-Serna (2×)
2d Cir. · 1990 · confidence medium
The jury is entitled to base its verdict upon inferences from circumstantial evidence, see United States v. Mariani, 725 F.2d 862, 865-66 (2d Cir.1984), and such evidence “ ‘need not have excluded every possible hypothesis of innocence.’ ” United States v. Tyler, 758 F.2d 66, 68 (2d Cir.1985) (quoting United States v. Soto, 716 F.2d 989, 993 (2d Cir.1983)).
discussed Cited as authority (rule) United States v. Luis E. Gomez-Pabon, United States v. Wilfredo Torres-Melendez, A/K/A \La Bruja
unknown court · 1990 · confidence medium
See id., at 491-92 ; see also United States v. Fernandez, 797 F.2d 943, 946 (11th Cir.1986), cert. denied, 483 U.S. 1006 , 107 S.Ct. 3230 , 97 L.Ed.2d 736 (1987); United States v. Tyler, 758 F.2d 66, 68-69 (2d Cir.1985). 20 A careful review of the record, however, supports the inference that in introducing Gomez and Martinez, Benitez was acting as a broker of drug-running services rather than merely making a social introduction.
discussed Cited as authority (rule) United States v. Gomez-Pabon
Fla. · 1990 · confidence medium
See id., at 491-92 ; see also United States v. Fernandez, 797 F.2d 943, 946 (11th Cir.1986), cert. denied, 483 U.S. 1006 , 107 S.Ct. 3230 , 97 L.Ed.2d 736 (1987); United States v. Tyler, 758 F.2d 66, 68-69 (2d Cir.1985).
discussed Cited as authority (rule) United States v. Giovanelli
S.D.N.Y. · 1989 · confidence medium
A person aids and abets an act of murder or an attempted murder when that person “ ‘in some sort associate^] himself with the venture ... participate^] in it as in something that he wishes to bring about, [and] ... seek[s] by his action to make it succeed.’ ” United States v. Tyler, 758 F.2d 66, 70 (2d Cir.1985) (quoting United States v. DeFiore, 720 F.2d 757, 764 (2d Cir.1988)).
cited Cited as authority (rule) United States v. John Garcia (86-6110), and Alan David Wolfe (86-6111)
6th Cir. · 1989 · confidence medium
United States v. Cotton, 770 F.2d 940, 945 (11th Cir.1985); United States v. Tyler, 758 F.2d 66, 69 (2d Cir.1985).
discussed Cited as authority (rule) United States v. Chang An-Lo
unknown court · 1988 · confidence medium
Although Lu argues that he cannot be convicted of conspiracy because the evidence established only that he was helping a willing buyer to locate a willing seller, see United States v. Tyler, 758 F.2d 66, 68-69 (2d Cir.1985), this contention is belied by Lu's own recorded statements, as well as several recorded statements of his associates, which convincingly demonstrate a considerably broader participation in the heroin-cocaine conspiracy. 37 For example, on June 19, 1985, after Lu was met at the Los Angeles airport by Shiang and Steven Wong, Lu and Wong discussed narcotics transactions at len…
discussed Cited as authority (rule) United States v. Chang An-Lo
unknown court · 1988 · confidence medium
Although Lu argues that he cannot be convicted of conspiracy because the evi dence established only that he was helping a willing buyer to locate a willing seller, see United States v. Tyler, 758 F.2d 66, 68-69 (2d Cir.1985), this contention is belied by Lu’s own recorded statements, as well as several recorded statements of his associates, which convincingly demonstrate a considerably broader participation in the heroin-cocaine conspiracy.
discussed Cited as authority (rule) United States v. James \Jamie\" Douglas
unknown court · 1987 · signal: cf. · confidence medium
See United States v. Manzella, 791 F.2d 1263, 1265 (7th Cir.1986); United States v. Keck, 773 F.2d 759, 768 (7th Cir. 1985); United States v. Hyman, 741 F.2d 906, 914 (7th Cir.1984); United States v. Creamer, 555 F.2d 612, 615 (7th Cir.), cert. denied, 434 U.S. 833 , 98 S.Ct. 118 , 54 L.Ed.2d 93 (1977); accord United States v. Kapp, 781 F.2d 1008, 1010 (3d Cir.), cert. denied, — U.S. -, 106 S.Ct. 1220 , 89 L.Ed.2d 330 (1986); United States v. Dickey, 736 F.2d 571, 583 (10th Cir.1984), cert. denied, 469 U.S. 1188 , 105 S.Ct. 957 , 83 L.Ed.2d 964 (1985); United States v. Solomon, 686 F.2d 863,…
cited Cited as authority (rule) United States v. Lionel Spell and Stanley Watson
2d Cir. · 1986 · confidence medium
United States v. Tyler, 758 F.2d 66, 70-71 (2d Cir.1985); see also United States v. Manna, 353 F.2d 191, 192-93 (2d Cir.1965), cert. denied, 384 U.S. 975 , 86 S.Ct. 1868 , 16 L.Ed.2d 685 (1966).
cited Cited as authority (rule) United States v. Velleeta Jackson
2d Cir. · 1986 · confidence medium
United States v. Tyler, 758 F.2d 66, 70-71 (2 Cir.1985).
discussed Cited as authority (rule) United States v. Richard Victor Wardy, Harvey Foulks
2d Cir. · 1985 · confidence medium
We have recognized that conspiracy by its very nature is a secretive operation, United States v. Tyler, 758 F.2d 66, 68 (2d Cir.1985), and that the jury can infer an agreement from circumstantial evidence, United States v. Turcotte, 515 F.2d 145, 150 (2d Cir.), cert. denied, 423 U.S. 1032 , 96 S.Ct. 564 , 46 L.Ed.2d 406 (1975).
cited Cited as authority (rule) United States v. Larry Esdaille
2d Cir. · 1985 · confidence medium
Id. at 68-69 (footnote omitted).
cited Cited as authority (rule) United States v. Victor Peterson
2d Cir. · 1985 · signal: cf. · confidence medium
Cf. United States v. Tyler, 758 F.2d 66, 70 (2 Cir.1985).
cited Cited "see" United States v. Ulbricht
unknown court · 2014 · signal: see · confidence high
See United States v. Tyler, 758 F.2d 66, 69 (2d Cir.1985); United States v. Hysohion, 448 F.2d 343, 347 (2d Cir.1971).
cited Cited "see" United States v. Olbres
D.N.H. · 1994 · signal: see · confidence high
See United States v. Tyler, 758 F.2d 66 (2d Cir.1985): The extent to which a jury may translate its discrediting of a witness testimony into positive proof is limited.
cited Cited "see" United States v. Sheridith Hamrick
6th Cir. · 1993 · signal: see · confidence high
See United States v. Tyler, 758 F.2d 66, 69 (2d Cir.1985). 5 The present case can be distinguished from Tyler.
cited Cited "see" United States v. Charles E. Webster and Bobby Nelson
5th Cir. · 1992 · signal: see · confidence high
See United States v. Tyler, 758 F.2d 66, 69 (2d Cir.1985).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Warren TYLER, Defendant-Appellant
697, Docket 84-1329.
Court of Appeals for the Second Circuit.
Mar 26, 1985.
758 F.2d 66
Robin Charlow, The Legal Aid Society, Federal Defender Services Unit, New York City (Sylvia Peck, The Legal Aid Society, Federal Defender Services Unit, New York City, of counsel), for defendant-appellant., Arthur W. Mercado, Asst. U.S. Atty., S.D.N.Y., New York City (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., Martin L. Perschetz, Asst. U.S. Atty., S.D.N.Y., New York City, of counsel), for appellee.
Meskill, Van Graafeiland, Mes-Kill, Winter.
Cited by 81 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 87%
Citer courts: Court of Criminal Appeals of T… (1)
MESKILL, Circuit Judge:

Warren Tyler appeals from a judgment of conviction entered in the United States District Court for the Southern District of New York, Cannella, J., on a jury verdict. Following a two day trial, the jury found Tyler guilty of conspiracy to distribute heroin in violation of 21 U.S.C. § 846 (1982) and of aiding and abetting the distribution of heroin in violation of 18 U.S.C. § 2 (1982) and 21 U.S.C. § 841 (1982). Tyler was sentenced to concurrent terms of two years imprisonment on each of the two counts, to be followed by a five year special parole term on the aiding and abetting count. He is currently serving his sentence.

Tyler advances one claim on appeal. He argues that the evidence presented at trial was insufficient to establish his guilt beyond a reasonable doubt. For the reasons that follow, we accept Tyler’s argument with respect to the conspiracy count but reject it with respect to the aiding and abetting count.

Background

Tyler’s arrest, indictment and conviction stemmed from a purchase of heroin by New York City Police Detective Cleveland Baxter. Baxter made the actual purchase of heroin from James Bennett. Tyler was arrested because Baxter identified Tyler as the man who had introduced him to Bennett. Tyler was charged in two counts of a four count indictment. Count one charged conspiracy to distribute heroin and count two charged aiding and abetting the distribution of heroin.

At trial, Baxter was the government’s main witness. He testified that on May 10, 1984, he went to Harlem as part of an undercover narcotics operation. His goal was to make at least two purchases of drugs. As he was walking along the street he encountered Tyler. After an exchange of greetings, Tyler asked Baxter “if everything was all right.” Tr. at 15. Baxter told Tyler that he “was looking for some good dope.” (Dope is the street name for heroin.) Id. Tyler told Baxter that “he would take care of [him].” Id.

The two began to walk down the street. They stopped and Tyler went off to the side and spoke briefly to an unidentified individual. Tyler returned to Baxter and told him that “he was trying to get [him] something that was good, because there was a lot of dope on the street that was not good.” Id. The two then continued to walk down the street.

They next encountered Bennett. Tyler and Bennett stepped off to the side and had a brief conversation, after which Bennett walked over to Baxter and asked “how many did [he] want.” Tr. at 16. Baxter told him three. Baxter and Bennett then began to walk down the street. As they were walking, they exchanged three glassine envelopes containing heroin for thirty dollars.

After completing the transaction with Bennett, Baxter turned around and walked back up the street. As he was walking away, Tyler approached him and asked him for some change. Baxter told him that he was low on cash and “that maybe he could check with [Bennett] and [Bennett would] take care of him.” Tr. at 17. Baxter testified that Tyler replied “yes, but he just wanted to have more change, he was trying[*68] to get something.” Id. Baxter gave Tyler seventy-five cents and the two parted company. Baxter reported the buy to his backup team and they arrested Tyler approximately twenty minutes later. At the time of his arrest, Tyler was carrying two dollars and seventy-five cents.

Tyler was the only witness called by the defense. He testified that although Baxter asked him about drugs, he did not take Baxter to Bennett nor did he have any role in the sale. He did testify, however, that he saw the sale take place and that after it was completed he approached Baxter to ask him for some money.

After two days of deliberations the jury found Tyler guilty on both the conspiracy count and the aiding and abetting count. Tyler’s motion for entry of judgment of acquittal notwithstanding the verdict or for a new trial was denied. The appeal before us ensued.

Discussion

1. Conspiracy

Tyler’s first argument is that there was insufficient evidence of an agreement between him and Baxter to establish the existence of a conspiracy to distribute heroin. The parameters of an appellate court’s inquiry into the sufficiency of the evidence supporting an appellant’s conviction are clear.

A defendant challenging the sufficiency of the evidence carries “a very heavy burden”. United States v. Carson, 702 F.2d [351] at 361 [(2d Cir.1983)]; United States v. Losada, 674 F.2d 167, 173 (2d Cir.), cert. denied, 457 U.S. 1125, 102 S.Ct. 2945, 73 L.Ed.2d 1341 (1982). “The verdict of a jury must be sustained if there is substantial evidence, taking the view most favorable to the Government, to support it.” Glasser v. United States, 315 U.S. 60, 80, 62 S.Ct. 457, 469, 86 L.Ed. 680 (1942). Further, “pieces of evidence must be viewed not in isolation but in conjunction”, United States v. Carson, 702 F.2d at 362, and a reviewing court must draw all available inferences, and resolve all issues of credibility, in favor of the jury’s verdict. United States v. Bagaric, 706 F.2d 42, 64 (2d Cir.), cert. denied, — U.S. -, -, -, 104 S.Ct. 133, 134, 283, 78 L.Ed.2d 128, 128, 261 (1983).

United States v. Young, 745 F.2d 733, 762 (2d Cir.1984).

In addition, we have recognized that “ ‘[a] conspiracy by its very nature is a secretive operation.’ ” Id. (quoting United States v. Provenzano, 615 F.2d 37, 45 (2d Cir.), cert. denied, 446 U.S. 953, 100 S.Ct. 2921, 64 L.Ed.2d 810 (1980)). Thus, we have held that the existence of “a conspiracy ... may be established ... through circumstantial evidence.” United States v. Sanzo, 673 F.2d 64, 69 (2d Cir.), cert. denied, 459 U.S. 858, 103 S.Ct. 128, 74 L.Ed.2d 111 (1982). Moreover, to be sufficient “the evidence need not have excluded every possible hypothesis of innocence.” United States v. Soto, 716 F.2d 989, 993 (2d Cir.1983).

Our narrow standard of review, however, does not require us to affirm all conspiracy convictions. On the contrary, we have found the evidence insufficient to sustain a conspiracy conviction in a number of cases. See, e.g., Young, 745 F.2d at 764; United States v. Gaviria, 740 F.2d 174,184 (2d Cir.1984); Soto, 716 F.2d at 991-93. Likewise, we find the evidence in the instant case insufficient to sustain Tyler’s conspiracy conviction.

The government’s evidence against Tyler consisted mainly of Baxter's testimony. According to Baxter’s version of the transaction, Tyler told Baxter that he would get him some good dope. After making some type of inquiry of an unidentified individual, Tyler encountered Bennett. Tyler had a brief side conversation with Bennett and Bennett then approached Baxter. Bennett and Baxter walked away from Tyler and consummated their deal. The two then separated and Tyler walked up to Baxter and asked him for some change. Conspicuously absent from this scenario is any evidence that Tyler asked Baxter how much heroin he sought to purchase, that Tyler[*69] indicated that he had a specific source of heroin in mind for Baxter, that Tyler knew where to find Bennett or expected him to be in the area, or that Tyler had made any previous deals with Bennett. [1]

The evidence adduced by the government merely shows that Tyler helped a willing buyer locate a willing seller. As we have stated in the past, such evidence, standing alone, is insufficient to establish the existence of an agreement between the facilitator and the seller. United States v. Hysohion, 448 F.2d 343, 347 (2d Cir.1971) (“The fact that Rimbaud told Everett, a willing buyer, how to make contact with a willing seller does not necessarily imply that there was an agreement between that seller ... and Rimbaud.”); United States v. Torres, 519 F.2d 723, 726 (2d Cir.), cert. denied, 423 U.S. 1019, 96 S.Ct. 457, 46 L.Ed.2d 392 (1975) (“membership in a conspiracy is not established ... by the fact that a defendant told a willing buyer how to make contact with a willing seller” (citations omitted)). [2]

In an attempt to fill in the holes in its case, the government relies on the jury’s obvious disbelief of Tyler’s testimony to support the conspiracy conviction. We agree with the government that “ ‘[o]nce a defendant offers evidence after the denial of a motion for acquittal at the close of the Government’s case ... [he] waives any claim as to the sufficiency of the Government’s case considered alone.’ ” United States v. Maniego, 710 F.2d 24, 28 (2d Cir.1983) (per curiam) (quoting United States v. Keuylian, 602 F.2d 1033, 1040-41 (2d Cir.1979)); see also United States v. Pui Kan Lam, 483 F.2d 1202, 1208 n. 7 (2d Cir.1973), cert. denied, 415 U.S. 984, 94 S.Ct. 1578, 39 L.Ed.2d 881 (1974). We also agree that the jury has a right to consider the defendant’s lack of credibility in reaching its verdict. See United States v. Panza, 750 F.2d 1141,1150 (2d Cir.1984); United States v. Bagaric, 706 F.2d 42, 66 (2d Cir.1983), cert. denied, — U.S. -, 104 S.Ct. 133, 134, 283, 78 L.Ed.2d 128 (1984); United States v. Callabrass, 607 F.2d 559, 565 (2d Cir.1979), cert. denied, 446 U.S. 940, 100 S.Ct. 2163, 64 L.Ed.2d 794 (1980); United States v. Singleton, 532 F.2d 199, 204 (2d Cir.1976); United States v. Rizzuto, 504 F.2d 419, 420-21 (2d Cir.1974); Pui Kan Lam, 483 F.2d at 1208; United States v. Arcuri, 405 F.2d 691, 695 (2d Cir.1968), cert. denied, 395 U.S. 913, 89 S.Ct. 1760, 23 L.Ed.2d 227 (1969).

These two propositions, however, are not helpful to the government’s case here. In each of the cases in which the jury’s disbelief was relied on as a factor supporting affirmance, the evidence apart from the incredibility of the defendant’s testimony was sufficient or very close to sufficient. We merely added that the defendant’s incredible story was another circumstance that the jury was entitled to consider. Here, on the other hand, the[*70] evidence of an agreement between Tyler and Bennett was nonexistent. Thus, although the jury’s disbelief of a defendant’s testimony may supplement already existing evidence and help make the evidence in a borderline case sufficient, in the instant case there was simply no existing evidence to supplement. [3]

In sum, even viewing the evidence in the light most favorable to the government, the evidence shows no more than that Tyler helped a willing buyer find a willing seller. Under the law of this Circuit, such evidence is insufficient to prove the existence of a conspiratorial agreement between Tyler and the seller. Thus, Tyler’s conspiracy conviction must be reversed.

2. Aiding and Abetting

Tyler also urges us to reverse his aiding and abetting conviction. He argues that because the government failed to prove that he had a stake in the outcome of Bennett’s sale the evidence was insufficient to establish aiding and abetting. We do not find this argument compelling.

Contrary to Tyler’s assertion, there is no requirement that the government prove that a defendant charged with aiding and abetting had a stake in the outcome of the illegal venture. See, e.g., United States v. Taylor, 612 F.2d 1272, 1275 (10th Cir.), cert. denied, 444 U.S. 1092, 100 S.Ct. 1060, 62 L.Ed.2d 782 (1980); United States v. Manna, 353 F.2d 191, 192-93 (2d Cir. 1965), cert. denied, 384 U.S. 975, 86 S.Ct. 1868, 16 L.Ed.2d 685 (1966). Rather, the requirements for the offense of aiding and abetting are “ ‘that [a defendant] in some sort associate himself with the venture, that he participate in it as in something that he wishes to bring about, [and] that he seek by his action to make it succeed.’ ” United States v. DeFiore, 720 F.2d 757, 764 (2d Cir.1983) (quoting United States v. Bommarito, 524 F.2d 140, 145 (2d Cir. 1975)), cert. denied, — U.S.-, 104 S.Ct. 3511, 82 L.Ed.2d 820 (1984).

Looking at the evidence in the light most favorable to the government, we conclude that these requirements have been satisfied. Tyler told Baxter that he would find him some good dope; he approached the unidentified individual, apparently in an effort to locate drugs; he continued to assist Baxter until they encountered Bennett; he apparently told Bennett what Baxter was seeking; and after Baxter and Bennett made their deal he asked Baxter for some change, apparently seeking a reward for his making good on his claim that he would find Baxter some good dope. From this evidence the jury was entitled to conclude that Tyler associated himself with the criminal venture, participated in it as something he wished to bring about and sought by his actions to make' it succeed. Therefore, “[t]here was enough evidence here to support the conclusion that [Tyler] was an aider and abettor. He had sufficient ability, influence and control here to bring about a sale that, without his participation, would not have been made.” Manna, 353 F.2d at 192.

Finally, we note that there is nothing inconsistent in our determination that the evidence was insufficient with respect to the conspiracy count but sufficient with respect to the aiding and abetting count. The two offenses are separate and distinct.

The essence of conspiracy is proof of a conspiratorial agreement while aiding and abetting requires there be a “community of unlawful intent” between the aider and abettor and the principal. While a community of unlawful intent is similar to an agreement, it is not the same. Thus, a defendant may wittingly aid a criminal act and be liable as an aider and abettor ... but not be liable for conspiracy, which requires knowl[*71] edge of and voluntary participation in an agreement to do an illegal act.

United States v. Bright, 630 F.2d 804, 813 (5th Cir.1980) (citations omitted); see also United States v. Arrington, 719 F.2d 701, 705-06 (4th Cir.1983), cert. denied, — U.S. -, 104 S.Ct. 1289, 79 L.Ed.2d 691 (1984); United States v. Krogstad, 576 F.2d 22, 29 (3d Cir.1978).

Conclusion

For the foregoing reasons, Tyler’s conviction on the conspiracy count is reversed and his conviction on the aiding and abetting count is affirmed.

1

. The government argues that the jury could have concluded that two dollars of the two dollars and seventy-five cents Tyler was carrying at the time of his arrest came from Bennett. From this, the government claims that the jury could have inferred that Tyler had a stake in the outcome of Bennett’s sale. The evidentiary support for these inferences along with the other evidence in this case is simply not substantial enough to establish a conspiracy between Tyler and Bennett.

2

. The government cites United States v. Teal, 582 F.2d 343 (5th Cir.1978), as a case that "strongly resembles” the case before us and supports affirmance. We find Teal clearly inapposite. In Teal, the existence of the conspiracy was clear; the issue in that case was the defendant’s participation. Under the Fifth Circuit's standard of appellate review, when the existence of the conspiracy is established only "slight evidence” of an individual’s participation is required. Id. at 345. Applying this standard, the court affirmed Teal’s conspiracy conviction. Unlike Teal, here the existence vel non of a conspiracy is the central issue. In fact, the Teal Court used this very difference to distinguish the case before it from Hyoshion. Id. at 347 n. 4.

The government also cites us to United States v. Frank, 520 F.2d 1287 (2d Cir.1975), cert. denied, 423 U.S. 1087, 96 S.Ct. 878, 47 L.Ed.2d 97 (1976). As was the case in Teal, in Frank, the existence of the conspiracy was clear; the issue was the defendant’s participation. Suffice it to say, the evidence of Frank’s participation in the conspiracy was considerable. Thus, Frank does not support the government’s position.

3

. The extent to which a jury may translate its discrediting of a witness’ testimony into positive proof is limited. As the Supreme Court recently stated: "When the testimony of a witness is not believed, the trier of fact may simply disregard it. Normally the discredited testimony is not considered a sufficient basis for drawing a contrary conclusion." Bose Corp. v. Consumers Union, — U.S.-,-, 104 S.Ct. 1949, 1966, 80 L.Ed.2d 502 (1984).