United States v. Steven Johnson, United States of Am. v. Tyrone Curry, A/K/A \Santa Claus\", 886 F.2d 1120 (1989). · Go Syfert
United States v. Steven Johnson, United States of Am. v. Tyrone Curry, A/K/A \Santa Claus\", 886 F.2d 1120 (1989). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 2 distinct cases, last quoted 1993 · …the drug industry ... is a dangerous, violent business.
106 citation events (19 in the last 25 years) across 12 distinct courts.
Strongest positive: United States v. Gary Henry (ca9, 2021-01-06)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) United States v. Gary Henry
9th Cir. · 2021 · confidence medium
See, e.g., United States v. Gadson, 763 F.3d 1189 , 1214–18 (9th Cir. 2014); Allen, 425 F.3d at 1234 ; United States v. Johnson, 886 F.2d 1120, 1123 (9th Cir. 1989).
cited Cited as authority (rule) People v. Clark
Ill. App. Ct. · 2013 · confidence medium
United States v. Johnson, 886 F.2d 1120, 1122 (9th Cir. 1989); United States v. Harrington, 951 F.2d 876, 877 (8th Cir. 1991); United States v. Moore, 954 F.2d 379, 381 (1992).
cited Cited as authority (rule) United States v. Omar Lopez-Zamoran
9th Cir. · 2012 · confidence medium
United States v. Johnson, 886 F.2d 1120, 1123 (9th Cir.1989) (holding that a § 924(c) conviction can be sustained under a Pinkerton theory of liability).
discussed Cited as authority (rule) United States v. Ramos
10th Cir. · 2012 · confidence medium
Her sentence was not premised on the five-year mandatory minimum set out in section 841(b)(1)(B), but, rather, on the applicable sentencing guidelines.”); United States v. Johnson, 886 F.2d 1120, 1122 (9th Cir.1989) (“[Defendants], who were sentenced to eight and ten years respectively, were not affected by the [five-year] mandatory minimum provision of the statute.
discussed Cited as authority (rule) United States v. Bullard
4th Cir. · 2011 · confidence medium
See, e.g., United States v. Gray, 577 F.3d 947, 950-51 (8th Cir.2009) (holding that the defen *247 dant lacked standing to challenge a statutory minimum sentence where the district court’s sentence was not based on the challenged provision); United States v. Johnson, 886 F.2d 1120, 1122 (9th Cir.1989) (finding that the defendants lacked standing to challenge the constitutionality of § 841(b)(l)(B)’s mandatory minimum because their sentences “were not affected by the mandatory minimum provision of the statute”).
discussed Cited as authority (rule) United States v. Edward B. Johnson
9th Cir. · 2006 · confidence medium
United States v. Castaneda, 9 F.3d.761, 765 (9th Cir.1993), overruled on other grounds, United States v. Nordby, 225 F.3d 1053 (9th Cir.2000); United States v. Johnson, 886 F.2d 1120, 1123 (9th Cir.1989).
discussed Cited as authority (rule) United States v. Johnson
9th Cir. · 2006 · confidence medium
United States v. Cas- taneda, 9 F.3d 761 , 765 (9th Cir. 1993), overruled on other grounds, United States v. Nordby, 225 F.3d 1053 (9th Cir. 2000); United States v. Johnson, 886 F.2d 1120, 1123 (9th Cir. 1989).
discussed Cited as authority (rule) United States v. Garcia-Salas
9th Cir. · 2005 · confidence medium
“The ‘mere suspicion that information will prove helpful is insufficient to require disclosure.’ ” United States v. Sanchez, 908 F.2d 1443, 1451 (9th Cir.1990) (quoting United States v. Johnson, 886 F.2d 1120, 1122 (9th Cir. 1989)).
discussed Cited as authority (rule) United States v. Collazo-Aponte
1st Cir. · 2000 · confidence medium
Accordingly, we hold that it was reasonably foreseeable to appellants that a firearm would be used in relation to the predicate drug trafficking offense, see Díaz, 864 F.2d at 549 , and reject Collazo-Aponte’s due process argument, see, e.g., United States v. Johnson, 886 F.2d 1120, 1123 (9th Cir.1989).
discussed Cited as authority (rule) United States v. Rivera-Melendez
1st Cir. · 2000 · confidence medium
Accordingly, we hold that it was reasonably foreseeable to appellants that a firearm would be used in relation to the predicate drug trafficking offense, see Daz, 864 F.2d at 549 , and reject Collazo-Aponte's due process argument, see, e.g.,United States v. Johnson, 886 F.2d 1120, 1123 (9th Cir. 1989). 155 Finally, Collazo-Aponte alleges that the jury could have erroneously convicted him under an aiding and abetting theory.
cited Cited as authority (rule) 97 Cal. Daily Op. Serv. 6651, 97 Daily Journal D.A.R. 10,897 United States of America v. Marvin Henson, United States of America v. Bruce L. Suiters
9th Cir. · 1997 · confidence medium
E.g., United States v. Johnson, 886 F.2d 1120, 1123 (9th Cir.1989), cert. denied, 494 U.S. 1089 , 110 S.Ct. 1830 , 108 L.Ed.2d 959 (1990).
cited Cited as authority (rule) United States v. Keith Alan Robinson
9th Cir. · 1995 · confidence medium
United States v. Johnson, 886 F.2d 1120, 1124 (9th Cir.1989). 8 Robinson's argument that section 924(c) impermissibly strips the trial court of sentencing discretion has been rejected.
discussed Cited as authority (rule) United States v. Mario Alfonso Araujo-Mejia
9th Cir. · 1995 · confidence medium
It is true that "a conviction under 924(c)(1) may be maintained under a conspiracy theory." United States v. Johnson, 886 F.2d 1120, 1123 (9th Cir.1989), cert. denied, Washington v. United States, 494 U.S. 1089 (1990).
examined Cited as authority (rule) United States v. Bobby Lee Sehorn (3×) also: Cited "see"
9th Cir. · 1995 · confidence medium
We affirm. 3 We review sufficiency of the evidence to determine "whether a reasonable jury, after viewing the evidence in the light most favorable to the government, could have found [the defendant] guilty beyond a reasonable doubt of each essential element of the crime charged." United States v. Johnson, 886 F.2d 1120, 1124 (9th Cir. 1989), cert. denied, 494 U.S. 1089 (1990). 4 To sustain a conviction under 18 U.S.C.
cited Cited as authority (rule) United States of America v. Curtis A. Addison
9th Cir. · 1995 · confidence medium
"The mere suspicion that information will prove helpful is insufficient to require disclosure." United States v. Johnson, 886 F.2d 1120, 1122 (9th Cir. 1989, cert. denied, 494 U.S. 1089 (1990).
discussed Cited as authority (rule) United States v. Vincent Anthony Patton
9th Cir. · 1994 · confidence medium
United States v. Johnson, 886 F.2d 1120, 1124 (9th Cir.1989). 3 Patton's conviction under Sec. 924(c) on an aiding and abetting theory was supported by the same evidence that supported his armed robbery conviction.
cited Cited as authority (rule) United States v. Lopez Garcia (Ignacio), AKA Rudy, AKA Juan Manuel Reyes, AKA Luis E. Duran
9th Cir. · 1994 · confidence medium
Sec. 924 (c); United States v. Johnson, 886 F.2d 1120, 1123 (9th Cir.1989), cert. denied, 494 U.S. 1089 (1990).
cited Cited as authority (rule) United States v. Cesar Velandia
9th Cir. · 1994 · confidence medium
United States v. Johnson, 886 F.2d 1120, 1122 (9th Cir.1989), cert. denied, 494 U.S. 1089 (1990).
discussed Cited as authority (rule) United States v. Visano D. Nelson (2×) also: Cited "see, e.g."
9th Cir. · 1994 · confidence medium
United States v. Castaneda, 9 F.3d 761, 765, 768 (9th Cir.1993) (citing Pinkerton v. United States, 328 U.S. 640 (1946)); United States v. Johnson, 886 F.2d 1120, 1123 (9th Cir.1989) (same).
discussed Cited as authority (rule) United States v. Alfonso Mendoza, United States of America v. German Silva, United States of America v. Sergio Mendoza
9th Cir. · 1993 · confidence medium
While we have held that evidence that the defendant was engaged in a drug conspiracy is sufficient to sustain a conviction on a Pinkerton theory, e.g., United States v. Johnson, 886 F.2d 1120, 1123 (9th Cir.1989), cert. denied, 494 U.S. 1089 (1990), we have not foreclosed the jury from considering the foreseeability issue.
discussed Cited as authority (rule) Nited States of America v. Vincent Lovejoy, AKA Saul Vega
9th Cir. · 1993 · confidence medium
Whether nondisclosure is erroneous depends on the particular circumstances of each case, including "the crime charged, the possible defenses, the possible significance of the informer's testimony, and other relevant factors." Rovairo v. United States, 353 U.S. at 62 . 20 Vega must show more than a mere "suspicion," United States v. Johnson, 886 F.2d 1120, 1122 (9th Cir.1989), cert. denied, 494 U.S. 1089 (1990), or mere "speculat[ion]," United States v. Trejo-Zambrano, 582 F.2d 460 (9th Cir.), cert. denied, 439 U.S. 1005 (1978), that the informant's testimony would prove helpful to his defense.
cited Cited as authority (rule) United States v. Leticia Castaneda, United States of America v. Ismael Barron, United States of America v. Maria Meras, United States of America v. Uriel Castaneda, United States of America v. Terezo De Jesus Umansor-Alvarez, United States of America v. Lucas Ornelas-Martinez (True Name: Jose Licea)
9th Cir. · 1993 · confidence medium
United States v. Johnson, 886 F.2d 1120, 1123 (9th Cir.1989), cert. denied, 494 U.S. 1089 , 110 S.Ct. 1830 , 108 L.Ed.2d 959 (1990).
discussed Cited as authority (rule) United States v. Curtis Austin (2×) also: Cited "see"
9th Cir. · 1993 · confidence medium
He now renews his challenge to the sufficiency of the evidence to sustain his conviction under 18 U.S.C. section 924 (c) for using or possessing a firearm during and in relation to a drug trafficking offense. 28 There is sufficient evidence to support a conviction if, "reviewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." Jackson v. Virginia, 443 U.S. 307, 319 (1979); United States v. Bishop, 959 F.2d 820, 829 (9th Cir.1992). 29 We have held a conviction under 18 U.S.C. …
discussed Cited as authority (rule) United States v. Robert Scott Colfax, United States of America v. Vincent Ysarras Ramirez
9th Cir. · 1993 · confidence medium
"The mere suspicion that information will prove helpful is insufficient to require disclosure." United States v. Johnson, 886 F.2d 1120, 1122 (9th Cir.1989), cert. denied, 494 U.S. 1089 (1990). 8 Ramirez argues that disclosure was necessary for him to establish a defense of entrapment.
cited Cited as authority (rule) United States v. Castaneda
9th Cir. · 1993 · confidence medium
United States v. Johnson, 886 F.2d 1120, 1123 (9th Cir.1989), ce rt. denied, 494 U.S. 1089 , 110 S.Ct. 1830 , 108 L.Ed.2d 959 (1990).
discussed Cited as authority (rule) United States v. Charles Andrew Griesemer
9th Cir. · 1993 · confidence medium
See, e.g., Gonzalo Beltran, 915 F.2d at 489 ; United States v. Jaramillo-Suarez, 950 F.2d 1378, 1386-87 (9th Cir.1991); United States v. Johnson, 886 F.2d 1120, 1122 (9th Cir.1989), cert. denied, 494 U.S. 1089 , 110 S.Ct. 1830 , 108 L.Ed.2d 959 (1990). 7 B.
cited Cited as authority (rule) United States v. Guadalupe A. Martinez, United States of America v. Paul Mata, United States of America v. Eduvijes Yanez Roman, United States of America v. John Louis Rios
9th Cir. · 1993 · confidence medium
United States v. Johnson, 886 F.2d 1120, 1122 (9th Cir.1989), cert. denied, 494 U.S. 1089 (1990).
discussed Cited as authority (rule) United States v. Jorge Salazar (2×) also: Cited "see"
9th Cir. · 1993 · confidence medium
See United States v. Velasquez-Carbona, No. 92-30152, slip op. 3783, 3786 (9th Cir. April 16, 1993); United States v. Johnson, 886 F.2d 1120, 1123 (9th Cir.1989) (reasonably foreseeable that a weapon may be carried by a coconspirator in a drug trafficking offense given that the drug industry is a "dangerous, violent business"), cert. denied, 494 U.S. 1089 (1990).
discussed Cited as authority (rule) United States v. Jose Arellano-Cardenas
9th Cir. · 1993 · confidence medium
United States v. Johnson, 886 F.2d 1120, 1124 (9th Cir.1989). 5 A defense of entrapment has two elements: 1) government inducement of the crime, and 2) the absence of predisposition on the part of the defendant.
discussed Cited as authority (rule) United States v. Jesus Velasquez-Carbona
9th Cir. · 1993 · confidence medium
See United States v. Vasquez, 858 F.2d 1387, 1393 (9th Cir.1988), ce rt. denied, 488 U.S. 1034 , 109 S.Ct. 847 , 102 L.Ed.2d 978 (1989); United States v. Johnson, 886 F.2d 1120, 1123 (9th Cir.1989) (holding that a conviction under 18 U.S.C. § 924 (c)(1) may be maintained under a conspiracy theory). 2.
discussed Cited as authority (rule) United States v. Blanca Lucero Largo Lopez, United States of America v. Fabio Andres Morante-Andrade, Aka: Pedro Cuartas (2×) also: Cited "see"
9th Cir. · 1993 · confidence medium
United States v. Johnson, 886 F.2d 1120, 1122 (9th Cir.1989) (Johnson ), cert. denied, 494 U.S. 1089 (1990).
discussed Cited as authority (rule) United States v. Colin-Velasquez (2×) also: Cited "see"
D. Or. · 1993 · confidence medium
Roviaro v. United States, 353 U.S. 53, 62 , 77 S.Ct. 623, 628 , 1 L.Ed.2d 639 (1957); United States v. Johnson, 886 F.2d 1120, 1122 (9th Cir.1989), cert. denied, 494 U.S. 1089 , 110 S.Ct. 1830 , 108 L.Ed.2d 959 (1990); United States v. Fixen, 780 F.2d 1434, 1439 (9th Cir.1986).
cited Cited as authority (rule) Juan Alvarez Acosta-Cazares v. United States
6th Cir. · 1993 · confidence medium
See Missouri v. Hunter, 459 U.S. 359, 366-68 (1983); United States v. Johnson, 886 F.2d 1120, 1123-24 (9th Cir.1989), cert. denied, 494 U.S. 1089 (1990).
cited Cited as authority (rule) United States v. Chris John Gudal
9th Cir. · 1992 · confidence medium
United States v. Johnson, 886 F.2d 1120, 1122 (9th Cir.1989), cert. denied, 494 U.S. 1089 , 110 S.Ct. 1830 , 108 L.Ed.2d 959 (1990).
discussed Cited as authority (rule) United States v. Ricardo Remigio Vazquez, Roberto Elias Mendez, Leonard Lizalde, A/K/A Lenny, Juan Jose Rivas-Dias, Manual Recio
9th Cir. · 1992 · confidence medium
United States v. Johnson, 886 F.2d 1120, 1123 (9th Cir.1989) (holding that because the drug industry is a "dangerous, violent business ... it is reasonable to assume that a weapon of some kind would be carried.") (citations omitted), cert. denied, 494 U.S. 1089 (1990); see also United States v. Diaz, 864 F.2d 544, 549 (7th Cir.1988) (finding it sufficiently foreseeable for purposes of co-conspirator liability that guns will be carried in a transaction for one kilogram of cocaine), cert. denied, 490 U.S. 1070 (1989).
discussed Cited as authority (rule) United States v. Jackie Ray Hill (2×)
10th Cir. · 1992 · confidence medium
Section 924(c) convictions have been upheld under an aiding and abetting theory, see United States v. Hamblin, 911 F.2d 551, 558 (11th Cir. 1990), cert. denied, — U.S.-, 111 S.Ct. 2241 , 114 L.Ed.2d 482 (1991), and under a Pinkerton theory. 4 See United States v. Johnson, 886 F.2d 1120, 1124 (9th Cir. 1989), cert. denied, 494 U.S. 1089 , 110 S.Ct. 1830 , 108 L.Ed.2d 959 (1990); United States v. Reborn, 872 F.2d 589, 595-96 (5th Cir.1989); United States v. Diaz, 864 F.2d 544, 548-49 (7th Cir.1988), cert. denied, 490 U.S. 1070 , 109 S.Ct. 2075 , 104 L.Ed.2d 639 (1989).
discussed Cited as authority (rule) United States v. Jose Valencia Parra
9th Cir. · 1992 · confidence medium
Roviaro v. United States, 353 U.S. 53, 62 (1957); United States v. Johnson, 886 F.2d 1120, 1122 (9th Cir.1989), cert. denied, 494 U.S. 1089 (1990); United States v. Fixen, 780 F.2d 1434, 1439 (9th Cir.1986).
cited Cited as authority (rule) Lester Gamble v. George Deeds, Warden, Southern Desert Correctional Center and Attorney General of the State of Nevada
9th Cir. · 1992 · confidence medium
United States v. Fixen, 780 F.2d 1434, 1440 (9th Cir.1990); United Sttes v. Johnson, 886 F.2d 1120, 1122 (9th Cir.1989), cert. denied, 110 S.Ct. 1830 (1990).
cited Cited as authority (rule) United States v. John M. Mateo, United States of America v. David Allen Nichols
9th Cir. · 1992 · confidence medium
United States v. Johnson, 886 F.2d 1120, 1123 (9th Cir.1989), cert. denied, 110 S.Ct. 1830 (1990); United States v. Ramos, 861 F.2d 228 , 231 n. 3 (9th Cir.1988).
discussed Cited as authority (rule) United States v. Paul Oster Watson
9th Cir. · 1992 · confidence medium
Further, Watson "did not allege facts which would indicate that disclosure was 'essential to a fair determination of [his] cause.' " United States v. Johnson, 886 F.2d 1120, 1122 (9th Cir.1989) (citation omitted).
cited Cited as authority (rule) United States v. Ricky Lee Harrington, Thomas Glower Hamilton
8th Cir. · 1991 · confidence medium
United States v. Johnson, 886 F.2d 1120, 1122 (9th Cir.1989), cert. denied, 494 U.S. 1089 , 110 S.Ct. 1830 , 108 L.Ed.2d 959 (1990).
discussed Cited as authority (rule) Ingram v. United States
D.C. · 1991 · confidence medium
Interestingly, in United States v. Johnson, 886 F.2d 1120, 1124 (9th Cir.1989), cert. denied, — U.S. -, 110 S.Ct. 1830 , 108 L.Ed.2d 959 (1990), in which appellant cited Short and alleged insufficient evidence to convict for aiding and abetting a violation of 18 U.S.C. § 924 (c), the United States Court of Appeals for the Ninth Circuit applied instead of Short a test derived from a conspiracy case, United States v. Douglass, 780 F.2d 1472, 1475-77 (9th Cir.1986) (citing Pinkerton v. United States, 328 U.S. 640, 647-48 , 66 S.Ct. 1180, 1184 , 90 L.Ed. 1489 (1946)).
discussed Cited as authority (rule) United States v. Zeb Lloyd Cummings, United States of America v. Delton Cummings
4th Cir. · 1991 · confidence medium
See United States v. Gonzalez, 918 F.2d 1129, 1135-36 (3d Cir.1990), cert. denied, — U.S.-, 111 S.Ct. 1015 , 112 L.Ed.2d 1097 (1991); United States v. Johnson, 886 F.2d 1120, 1123 (9th Cir.1989), ce rt. denied, — U.S.-, 110 S.Ct. 1830 , 108 L.Ed.2d 959 (1990); United States v. Diaz, 864 F.2d 544, 548-49 (7th Cir.1988), cert. denied, 490 U.S. 1070 , 109 S.Ct. 2075 , 104 L.Ed.2d 639 (1989); United States v. Brant, 448 F.Supp. 781, 782 (W.D.Pa.1978); cf. United States v. Gironda, 758 F.2d 1201, 1212 (7th Cir.) (involving former § 924(c)(2)), cert. denied, 474 U.S. 1004 , 106 S.Ct. 523 , 88 L…
discussed Cited as authority (rule) United States v. Raymond J. Powell
D.C. Cir. · 1991 · confidence medium
In United States v. Johnson, 886 F.2d 1120, 1124 (9th Cir.1989), on the other hand, the court appeared to rest liability on the common understanding that the “drug industry ... is a dangerous, violent business,” id. at 1123 , witb guilt sustainable so long as the accomplice “could have reasonably foreseen” that the principal would carry a weapon.
discussed Cited as authority (rule) United States v. Sixto Humberto Sanchez, United States of America v. Reyes Acebes Barajas, United States of America v. Richard T. Terrones (2×)
9th Cir. · 1990 · confidence medium
We review “for abuse of discretion the court’s denial of a motion to compel disclosure of an informant’s identity.” United States v. Johnson, 886 F.2d 1120, 1122 (9th Cir.1989), ce rt. denied, — U.S.-, 110 S.Ct. 1830 , 108 L.Ed.2d 959 (1990).
discussed Cited as authority (rule) United States v. Jeffrey Williams (2×) also: Cited "see"
9th Cir. · 1990 · confidence medium
United States v. Johnson, 886 F.2d 1120, 1122 (9th Cir.1989) (citing United States v. Fixen, 780 F.2d 1434, 1439 (9th Cir.1986)).
cited Cited "see" Rodelo-Cota v. United States
D. Ariz. · 2022 · signal: see · confidence high
See United States v. Johnson, 886 F.2d 1120, 1123 (9th Cir. 25 1989).
discussed Cited "see" United States v. Mark Kiefer
9th Cir. · 2014 · signal: see · confidence high
See United States v. Johnson, 886 F.2d 1120, 1122 (9th Cir.1989) (“[The defendants], who were sentenced to eight and ten years respectively, were not affected by the [five-year] mandatory minimum provision of the statute.
cited Cited "see" United States v. Ralph Fox
9th Cir. · 2009 · signal: see · confidence high
See United States v. Johnson, 886 F.2d 1120, 1122 (9th Cir.1989).
Retrieving the full opinion text from the archive…
United States of America
v.
Yolanda Yvette Washington"
Sep 25, 1989.
886 F.2d 1120
1989 U.S. App. LEXIS 14309
Wright, Wallace, Thompson.
Published  |  Frank V. Bartoletta, Spokane, Wash., Jane MacLean, and James Vonasch, Seattle, Wash., for defendants-appellants., Helen J. Brunner, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee.
EUGENE A. WRIGHT, Circuit Judge:

Appellants bring this consolidated appeal of their convictions and sentences for cocaine and firearms charges. We consider (1) the district court’s refusal to require disclosure of the identity of a confidential informant, (2) the constitutionality of the mandatory sentencing provision of 21 U.S.C. § 841(b)(1)(B), and (3) the use of a conspiracy theory to support a firearms conviction under 18 U.S.C. § 924(c). We affirm.

I. BACKGROUND

Police executed at a Seattle residence a warrant which authorized a search of the building and a Chevrolet Nova. They found Tyrone Curry, Steven Johnson, and Yolanda Washington in the building.

They discovered substantial evidence indicating that the residence was a “crack” house. The bolted front door was opened with a battering ram. Once inside, they found cocaine and a gun, as well as a beaker containing Curry’s fingerprints. Just outside the house, they found more cocaine, a gun, and a small glass vial, all of which had been thrown from a window where Johnson was observed by a police officer.

Earlier in the day, a confidential informant had been given marked “bait money” and driven by a police officer to the residence, where he bought cocaine. A search of Curry after execution of the warrant revealed one of the marked bills, as well as $520 in unmarked bills and keys to the red Chevrolet Nova. A search of the car revealed a large amount of cash, two marked bills, 40 bags of white powder, and two guns.

Each defendant was charged with one count of conspiracy to possess with intent to distribute cocaine, 21 U.S.C. §§ 846 & 812; two counts of possession with intent to distribute cocaine, 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), & 841(b)(1)(B)); and one count of knowingly using a firearm, 18 U.S.C. § 924(c). The court suppressed the marked bait bills found on Curry’s person, but refused to suppress those bills found in the car. It refused to require the government to reveal the identity of the confidential informant.

A jury convicted all three defendants. The court sentenced Curry to concurrent terms of ten years on the first three counts, and a consecutive sentence of five years on the firearm count. Johnson was sentenced to concurrent terms of eight years on the first three counts, and a consecutive sentence of five years on the firearm count. Washington was given the mandatory minimum term of five years under 21 U.S.C. § 841(b)(1)(B) on one of the[*1122] drug counts, probation on the other two drug counts, a consecutive five year sentence on the firearm count, and a $200 special assessment.

II. DISCUSSION

A. Identification of Confidential Informant

Curry argues that the court should have revealed the identity of the confidential informant. He contends that disclosure would have given him the opportunity to elicit evidence that he did not receive the bait bills or that there was some other explanation for possessing them. We review for abuse of discretion the court’s denial of a motion to compel disclosure of an informant’s identity. United States v. Fixen, 780 F.2d 1434, 1439 (9th Cir.1986).

In Roviaro v. United States, 353 U.S. 53, 77 S.Ct. 623, 1 L.Ed.2d 639 (1957), the Supreme Court recognized that an informant’s confidentiality serves important law-enforcement objectives. Determining whether to reveal his identity requires

balancing the public interest in protecting the flow of information against the individual’s right to prepare his defense. Whether a proper balance renders nondisclosure erroneous must depend on the particular circumstances of each case, taking into consideration the crime charged, the possible defenses, the possible significance of the informer’s testimony, and other relevant factors.

Id. at 62, 77 S.Ct. at 628-629.

The burden is on the defendant to demonstrate the need for disclosure. Fixen, 780 F.2d at 1439. The mere suspicion that information will prove helpful is insufficient to require disclosure. United States v. Buffington, 815 F.2d 1292, 1299 (9th Cir.1987). It is within the trial court’s discretion to hold an in camera proceeding. Fixen, 780 F.2d at 1440.

Applying these principles to the facts of this case, we hold that the district court did not abuse its discretion in denying disclosure of the informant’s identity. The government did not charge Curry based on the transaction with the informant. The evidence was presented solely to connect him with the items found in the car. Curry did not allege facts which would indicate that disclosure was “essential to a fair determination of [his] cause.” Roviaro, 353 U.S. at 61, 77 S.Ct. at 628. Because he failed to meet his burden to demonstrate a need for the information, the judge did not abuse her discretion in refusing to require disclosure.

Curry argues alternatively that the two bait bills found in the car should have been suppressed. The bait bills were relevant to establishing a connection between Curry and the items in the car. The bait bill found on his person, on the other hand, was properly suppressed as being irrelevant. There was no error.

B. Constitutionality of 21 U.S.C. § 841(b)(1)(B)

Johnson and Curry argue that the .mandatory minimum sentencing under 21 U.S.C. § 841(b)(1)(B), including its no-parole provision, violates due process and equal protection, and constitutes cruel and unusual punishment. Under the statute, a person convicted of a crime involving five grams or more of a mixture containing cocaine base “shall be sentenced to a term of imprisonment which may not be less than 5 years_” 21 U.S.C. § 841(b)(l)(B)(iii).

Johnson and Curry, who were sentenced to eight and ten years respectively, were not affected by the mandatory minimum provision of the statute. They lack standing to challenge that aspect of § 841(b)(1)(B). See United States v. Zavala-Serra, 853 F.2d 1512, 1516-17 (9th Cir.1988). We consider only their challenge to the no-parole provision of the statute. Id. at 1517.

They make the same facial constitutional attack against the no-parole provisions of the statute as was presented to this court in Zavala-Serra. In that case, this court refused to address the claims because the defendant was not a “minor figure” in the conspiracy to possess and distribute cocaine. Id. at 1517 (an appel[*1123] lant “must confine his constitutional attack to the circumstances of his own case”). We reach the same result.

The evidence indicates that Curry was in charge of distributing rock cocaine from a “crack house.” A police officer saw Johnson in a window through which cocaine, a gun, and a glass vial were thrown. The police found 15 grams of cocaine base and 480 grams of cocaine in the search. Neither Johnson nor Curry had a peripheral role in the offense. Finding that they were not minor figures in the offense, we need not address their facial challenges to the no-parole provisions of the statute.

They do not make an “as applied” attack on the sentences in their briefs, so we need not reach this issue as well. Even if we interpret the briefs as preserving such an attack, the contention would lack merit. See id. at 1518 (holding that, as a general rule, a sentence which does not exceed the statutory maximum will not be overturned on eighth amendment grounds); see also United States v. Savinovich, 845 F.2d 834, 838-39 (9th Cir.) (upholding the constitutionality of § 841(b)(1)(B)), cert. denied, — U.S. -, 109 S.Ct. 369, 102 L.Ed.2d 358 (1988); United States v. Klein, 860 F.2d 1489, 1496-99 (9th Cir.1988).

C. Sentence Enhancement Under 18 U.S.C. § 984(e)

Washington argues that the district court improperly sentenced her to an additional five years under 18 U.S.C. § 924(c), which states:

Whoever, during and in relation to any crime of violence or drug trafficking crime ... for which he may be prosecuted in a court of the United States, uses or carries a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime, be sentenced to imprisonment for five years.

18 U.S.C. § 924(c)(1). She makes three arguments in challenging her sentence on the firearm charge.

First, she argues that it is improper under the statute and the due process clause to apply § 924(c) when the only basis for conviction is a conspiracy theory. We review de novo this question of law. United States v. McConney, 728 F.2d 1195, 1201 (9th Cir.) (en banc), cert. denied, 469 U.S. 824, 105 S.Ct. 101, 83 L.Ed.2d 46 (1984).

No direct evidence was presented that she possessed a weapon or that she knew of the weapons found in the house or car. She was convicted based on a jury instruction under Pinkerton v. United States, 328 U.S. 640, 66 S.Ct. 1180, 90 L.Ed. 1489 (1946). In Pinkerton, the Court held that defendants could be convicted of substantive offenses if they were parties to an unlawful conspiracy and the offenses charged were committed in furtherance of it. Id. at 645, 66 S.Ct. at 645.

Two other circuits have upheld the application of Pinkerton in the context of the current version of § 924(c)(1). See United States v. Raborn, 872 F.2d 589, 595-96 (5th Cir.1989); United States v. Diaz, 864 F.2d 544, 548-49 (7th Cir.1988), cert. denied, — U.S.-, 109 S.Ct. 2075, 104 L.Ed.2d 639 (1989). We hold that a conviction under § 924(c)(1) may be maintained under a conspiracy theory.

We reject Washington’s due process challenge to this construction of the statute. We recognize the potential due process limitations on the Pinkerton doctrine in cases involving attenuated relationships between the conspirator and the substantive crime. See United States v. Alvarez, 755 F.2d 830, 850 (11th Cir.), cert. denied, 474 U.S. 905, 106 S.Ct. 274, 88 L.Ed.2d 235 (1985). The drug industry, however, is a dangerous, violent business. See Diaz, 864 F.2d at 549. When an individual conspires to sell cocaine in a “crack house” operation, it is reasonable to assume that a weapon of some kind would be carried. See id.

Her second argument is that she improperly received multiple punishments for a single conspiracy. In United States v. Palafox, 764 F.2d 558 (9th Cir.1985) (en banc), this court construed 21 U.S.C. § 841(a)(1) as preventing separate punishments for separate offenses when they constitute one criminal undertaking.

[*1124] Our decision in Palafox does not apply to prevent enhancement of Washington’s sentence. Congress clearly manifested its intent by stating that the sentence under § 924(c) is “in addition to the punishment provided” for the drug crime. 18 U.S.C. § 924(c)(1). She received a five-year sentence for the drug charge and an additional five years for the firearm offense. The sentence was proper.

Finally, Washington argues that § 924(c) should not have been applied to her. She cites United States v. Jones, 592 F.2d 1038 (9th Cir.), cert. denied, 441 U.S. 951, 99 S.Ct. 2179, 60 L.Ed.2d 1056 (1979), where we found insufficient evidence to support a jury verdict against a defendant for aiding and abetting the use of a dangerous weapon in committing a robbery under 18 U.S.C. § 2113(d). Id. at 1042. Although she does not say so explicitly, she appears to be arguing that there was insufficient evidence to convict her under § 924.

We must determine whether a reasonable jury, after viewing the evidence in the light most favorable to the government, could have found her guilty beyond a reasonable doubt on each essential element of the crime charged. United States v. Douglass, 780 F.2d 1472, 1476 (9th Cir.1986). The evidence supports the inference that she knew about the weapon or could have reasonably foreseen Curry’s possession of it. See id. at 1476-77. Sufficient evidence supports the conviction.

AFFIRMED. The special assessment given defendant Washington is vacated. United States v. Munoz-Flores, 863 F.2d 654 (9th Cir.1988).