At page 1136 Determining appropriate willful blindness instruction and sentencing reductions22 citing cases“instruction is particularly appropriate when the defendant denies any knowledge of a criminal scheme despite strong evidence to the contrary.”
- United States v. Pawinee Unpradit, 35 F.4th 615 (8th Cir. 2022).publishedThe “instruction is particularly -8- appropriate when the defendant denies any knowledge of a criminal scheme despite strong evidence to the contrary.” United States v. Regan, 940 F.2d 1134, 1136 (8th Cir. 1991).
- United States v. Leonardo Magallon, 984 F.3d 1263 (8th Cir. 2021).publishedThe “instruction is particularly appropriate when the -29- defendant denies any knowledge of a criminal scheme despite strong evidence to the contrary.” Id. (quoting United States v. Regan, 940 F.2d 1134, 1136 (8th Cir. 1991)).
- United States v. Ismael Corrales-Portillo, 779 F.3d 823 (8th Cir. 2015).published “While a district court should not give the deliberate-ignorance instruction when the evidence points solely to the defendant’s actual knowledge of the facts in question, the ‘instruction is particularly appropriate when the defendant deni…
- United States v. Cameron Lewis, No. 08-1006 (8th Cir. Feb. 23, 2009).published"The instruction should not be given . . . when the evidence 'points solely to either actual knowledge or no knowledge of the facts in question.'" United States v. Regan, 940 F.2d 1134, 1136 (8th Cir. 1991) (quoting United States v. Hiland…
- United States v. Lewis, 557 F.3d 601 (8th Cir. 2009).published“The instruction should not be given ... when the evidence ‘points solely to either actual knowledge or no knowledge of the facts in question.’ ” United States v. Regan, 940 F.2d 1134, 1136 (8th Cir.1991) (quoting United States v. Hiland,…
- United States v. James L. Parker, 364 F.3d 934 (8th Cir. 2004).published We have recognized that the willful blindness instruction “should not Be given ... when the evidence ‘points solely to either actual knowledge or no knowledge of the facts in question.’” United States v. Regan, 940 F.2d 1134, 1136 (8th Cir…
- United States v. Robert Richard King, 351 F.3d 859 (8th Cir. 2004).publishedWhile a district court should not give the deliberate-ignorance instruction when the evidence points solely to the defendant’s actual knowledge of the facts in question, the “instruction is particularly appropriate when the defendant denie…
- United States v. Robert Richard King, No. 03-1112 (8th Cir. Dec. 15, 2003).publishedWhile a district court should not give the deliberate- ignorance instruction when the evidence points solely to the defendant's actual knowledge of the facts in question, the "instruction is particularly appropriate when the defendant deni…
- United States v. Clarence W. Woodard, 315 F.3d 1000 (8th Cir. 2003).published While a district court should not give the deliberate-ignorance instruction when the evidence points solely to the defendant’s actual knowledge of the facts in question, the “instruction is particularly appropriate when the defendant denie…
- United States v. Lisa Marie Turk, 21 F.3d 309 (8th Cir. 1994).publishedUnited States v. Ortiz-Martinez, 1 F.3d 662 , 677 *314 (8th Cir.1993) (citing United States v. Regan, 940 F.2d 1134, 1136 (8th Cir.1991)).
Show 10 more citing cases
- United States v. Candido Ortiz-Martinez, United States of Am. v. Gabriel Jaime Ramirez-Nazar, United States of Am. v. Carlos Fuentez, Also Known as Carlos Fuentes, Also Known as Pupo, Also Known as Pupoo, United States of Am. v. Stanley Pruitt, United States of Am. v. Jorge Rodriguez-Calderon, Also Known as Koki, United States of Am. v. Francisco Santana, 1 F.3d 662 (8th Cir. 1993).publishedUnited States v. Regan, 940 F.2d 1134, 1136 (8th Cir.1991). 88 To be a minimal participant, the particular defendant must have been "plainly among the least culpable of those involved in the conduct of a group." U.S.S.G.
- United States v. Ortiz-Martinez, 1 F.3d 662 (8th Cir. 1993).publishedUnited States u Regan, 940 F.2d 1134, 1136 (8th Cir.1991).
- United States v. D. Gary Barnhart, 979 F.2d 647 (8th Cir. 1992).publishedE.g., United States v. Regan, 940 F.2d 1134, 1136 (8th Cir.1991); White, 794 F.2d at 371 .
- United States v. Walter Johnson, 977 F.2d 1297 (8th Cir. 1992).published Though this circuit has affirmed the denial of such reductions when it has found that the defendant was “more than a mere courier,” United States v. Regan, 940 F.2d 1134, 1136 (8th Cir.1991), or when a significant amount of drugs is involv…
- United States v. Raul Leyja Galvan, United States of Am. v. Enrique Ruiz Silva, 961 F.2d 738 (8th Cir. 1992).publishedUnited States v. Regan, 940 F.2d 1134, 1136 (8th Cir.1991); see also Phillippi, 911 F.2d at 151 (erroneous inclusion of drugs harmless error where base offense level remained the same after improperly included amounts omitted).
- United States v. Derrell Sparks, United States of Am. v. Thomas McGhee, 949 F.2d 1023 (8th Cir. 1992).publishedUnited States v. Regan, 940 F.2d 1134, 1136 (8th Cir.1991).
- United States v. Frederick Charles Bolstad, Jr., 998 F.2d 597 (8th Cir. 1993).publishedSee United States v. Regan, 940 F.2d 1134, 1136 (8th Cir.1991).
- United States v. Byron Lynn Brown, 996 F.2d 1222 (8th Cir. 1993).unpublishedSee United States v. Regan, 940 F.2d 1134, 1136 (8th Cir. 1991). 7 The district court did not clearly err by finding that the trial evidence established that the rocks seized from Brown contained crack.
- United States v. Scott A. Schneider, 986 F.2d 503 (8th Cir. 1993).unpublished(affirming denial of minor-participant reduction where defendant was deeply involved in transportation and handling of large quantity of drugs and cash, and received economic benefit from his involvement in conspiracy)
- United States v. Lee O. Rayner, 2 F.3d 286 (8th Cir. 1993).publishedSee, e.g., United States v. Regan, 940 F.2d 1134, 1136 (8th Cir.1991); United States v. Hutchinson, 926 F.2d 746, 747 (8th Cir.1991) (per curiam).
At page 1135 Establishing a single conspiracy based on overall agreement21 citing casesupholding the jury finding that defendant was a conspirator in a single conspiracy even though the defendant did not participate in each of the many transactions undertaken as part of the single conspiracy
- United States v. Angel Velazquez, 410 F.3d 1011 (8th Cir. 2005).published“If the record contains evidence from which the jury can find one overall agreement to commit an illegal act, the evidence establishes a single conspiracy.” United States v. Regan, 940 F.2d 1134, 1135 (8th Cir.1991).
- United States v. Angel Velazquez, 408 F.3d 479 (8th Cir. 2005).published“If the record contains evidence from which the jury can find one overall agreement to commit an illegal act, the evidence establishes a single conspiracy.” United States v. Regan, 940 F.2d 1134, 1135 (8th Cir.1991).
- United States v. William Henry Hester, 140 F.3d 753 (8th Cir. 1998).published“If the record contains evidence from which the jury could find one overall agreement to commit an illegal act, the evidence establishes a single conspiracy.” United States v. Regan, 940 F.2d 1134, 1135 (8th Cir.1991).
- United States v. Kenneth James Summers, 137 F.3d 597 (8th Cir. 1998).published If the jury finds “one overall agreement to commit an illegal act, the evidence establishes a single conspiracy.” United States v. Regan, 940 F.2d 1134, 1135 (8th Cir.1991).
- United States v. Anthony Slaughter, United States of Am. v. Roy E. Leonard, 128 F.3d 623 (8th Cir. 1997).published Id. at 119 (quoting United States v. Regan; 940 F.2d 1134, 1135 (8th Cir.1991)).
- United States v. Anthony Slaughter, No. 97-1005 (8th Cir. Oct. 16, 1997).publishedId. at 119 (quoting United States v. Regan, 940 F.2d 1134, 1135 (8th Cir. 1991)).
- United States v. Reynaldo Q. Morales, No. 96-2309 (8th Cir. May 6, 1997).publishedIf the jury finds “one overall agreement to commit an illegal act, the evidence establishes a single conspiracy.” United States v. Regan, 940 F.2d 1134, 1135 (8th Cir. 1991).
- United States v. Reynaldo Quesada Morales, United States of Am. v. Juan Felix Toca, 113 F.3d 116 (8th Cir. 1997).publishedIf the jury finds “one overall agreement to commit an illegal act, the evidence establishes a single conspiracy.” United States v. Regan, 940 F.2d 1134, 1135 (8th Cir.1991).
- United States v. Jody Wilson, United States of Am. v. Robert J. Johnson, United States of Am. v. Dennis Shileny, 986 F.2d 503 (8th Cir. 1993).unpublishedWe reverse the jury's finding of a single conspiracy only if the record does not "contain[ ] evidence from which the jury could find one overall agreement to commit an illegal act." United States v. Regan, 940 F.2d 1134, 1135 (8th Cir. 199…
- United States v. Robert L. Turner, Also Known as Rob, United States of Am. v. Gilbert L. Dowdy, United States of Am. v. Steven D. Baker, 975 F.2d 490 (8th Cir. 1992).publishedAs we stated in United States v. Regan, 940 F.2d 1134, 1135 (8th Cir.1991) (citation omitted), “[t]he existence of a single agreement can be inferred when the evidence reveals the participants shared a common aim or purpose and mutual depe…
Show 8 more citing cases
- United States v. Herbert R. Montanye, A/K/A Muscles, United States of Am. v. George A. Bruton, Also Known as Homer, United States of Am. v. John J. Calia, Jr., United States of Am. v. John S. Glorioso, Also Known as Harry, Also Known as Harry Johns, 962 F.2d 1332 (8th Cir. 1992).publishedWe set aside this finding only if the record does not "contain[ ] evidence from which the jury could find one overall agreement to commit an illegal act." United States v. Regan, 940 F.2d 1134, 1135 (8th Cir.1991). 42 We hold that sufficie…
- United States v. Montanye, 962 F.2d 1332 (8th Cir. 1992).publishedWe set aside this finding only if the record does not “contain[] evidence from which the jury could find one overall agreement to commit an illegal act.” United States v. Regan, 940 F.2d 1134, 1135 (8th Cir.1991).
- United States v. Charles David Askew, United States of Am. v. Tommy Earl Edwards, United States of Am. v. Leland O'Grady Glasco, United States of Am. v. Thomas Lee Edwards, 958 F.2d 806 (8th Cir. 1992).publishedOur review of the jury's determination of this question is exceedingly limited: 13 If the record contains evidence from which the jury could find one overall agreement to commit an illegal act, the evidence establishes a single conspiracy.…
- United States v. Askew, 958 F.2d 806 (8th Cir. 1992).publishedUnited States v. Regan, 940 F.2d 1134, 1135 (8th Cir.1991); see United States v. Massa, 740 F.2d 629, 636-37 (8th Cir.1984), cert. denied, 471 U.S. 1115 , 105 S.Ct. 2357 , 86 L.Ed.2d 258 (1985).
- United States v. William Anthony Pou, United States of Am. v. Joseph Michael Pou, United States of Am. v. Miguel Mondejar, 953 F.2d 363 (8th Cir. 1992).publishedMondejar’s “nonparticipation in one of the many transactions undertaken as part of the single conspiracy’s common plan does not demonstrate there was a variance between the indictment and the proof offered at trial.” United States v. Regan…
- United States v. Rady I. Sdoulam, 398 F.3d 981 (8th Cir. 2005).publishedSee United States v. Regan, 940 F.2d 1134, 1135 (8th Cir.1991).
- United States v. Frank Adipietro, United States of Am. v. Vincent Auricchio, United States of Am. v. Ruben O. Sanchez, 983 F.2d 1468 (8th Cir. 1993).published(upholding the jury finding that defendant was a conspirator in a single conspiracy even though the defendant did not participate in each of the many transactions undertaken as part of the single conspiracy)
- United States v. Viengxay Chantharath, 705 F.3d 295 (8th Cir. 2013).published“When a single conspiracy is alleged in an indictment, but the proof at trial shows multiple conspiracies, there is a variance.” United States v. Jones, 880 F.2d 55, 66 (8th Cir.1989); see also United States v. Morales, 113 F.3d 116, 118-1…
At page 1134 “if the record contains evidence from which the jury can find one overall agreement to commit an illegal act, the evidence establishes a single conspiracy.”0 citing cases
v.
Shawn Quinton REGAN, A/K/A Shawn Duke, Appellant
Shawn Quinton Regan drove vehicles transporting cocaine cross-country and handled proceeds from drug sales in an expansive drug conspiracy involving kingpin Ralph Duke. See United States v. Duke, 940 F.2d 1113 (8th Cir.1991). At Regan’s trial with Duke and four others, a jury convicted Regan of aiding and abetting the distribution of cocaine, distribution of cocaine, and conspiracy to possess with intent to distribute cocaine. See 21 U.S.C. §§ 841(a)(1), 846 (1988). The district court sentenced Regan to five concurrent terms of 235 months imprisonment. Regan appeals his convictions and sentences. We affirm.
First, Regan asserts there was a variance between the single conspiracy charged in the indictment, and the proof at trial of at least two independent conspiracies: the “reverse buy conspiracy” and the “Columbian distribution conspiracy.” Re-gan did not participate in the reverse buy transaction. He argues the variance affected his substantial rights because the “spillover” of the reverse buy evidence at his trial prejudiced him. See United States v. Jones, 880 F.2d 55, 66 (8th Cir.1989). We disagree.
The question whether a single conspiracy or multiple conspiracies exist is for the jury. United States v. Zimmerman, 832 F.2d 454, 457 (8th Cir.1987) (per curiam). If the record contains evidence from which the jury could find one overall agreement to commit an illegal act, the evidence establishes a single conspiracy. United States v. Baker, 855 F.2d 1353, 1356 (8th Cir.1988), cert. denied, 490 U.S. 1069, 109 S.Ct. 2072, 104 L.Ed.2d 636 (1989). The existence of a single agreement can be inferred when the evidence reveals the participants shared a common aim or purpose and mutual dependence and assistance existed. United States v. Lee, 782 F.2d 133, 134 (8th Cir.1986). Considering the evidence in the light most favorable to the verdict, we conclude a reasonable jury could have determined Regan participated in a single, extended conspiracy to distribute cocaine in the Twin Cities area. Both asserted conspiracies involved common participants and a common goal. Thus, Regan’s nonparticipation in one of the many transactions undertaken as part of the single conspiracy’s common plan does not demonstrate there was a variance between the indictment and the proof offered at trial. See id. at 135.
Second, Regan argues the evidence was insufficient to support the jury’s verdict on the distribution counts. Viewing the evidence in the light most favorable to the verdict and giving the government the benefit of all reasonable inferences that logically may be drawn from the evidence, we conclude the evidence against Regan on these counts amounted to more than mere presence at the scene. See United States v. Matlock, 786 F.2d 357, 360-61 (8th Cir.1986). A witness’s testimony suggested Regan delivered the cocaine for one of the transactions. Thus, we conclude the evidence was sufficient to support Regan’s distribution convictions.
Third, Regan asserts the trial court committed error in giving the jury a willful[*1136] blindness instruction. This instruction is particularly appropriate when the defendant denies any knowledge of a criminal scheme despite strong evidence to the contrary. United States v. Massa, 740 F.2d 629, 643 (8th Cir.1984), cert. denied, 471 U.S. 1115, 105 S.Ct. 2357, 86 L.Ed.2d 258 (1985). The instruction should not be given, however, when the evidence “points solely to either actual knowledge or no knowledge of the facts in question.” United States v. Hiland, 909 F.2d 1114, 1130 (8th Cir.1990).
Here, Regan admitted involvement with the coconspirators and acts of the conspiracy, but denied any knowledge the acts concerned cocaine. Nevertheless, substantial evidence indicated Regan knew he was dealing with drugs. In light of the instructions as a whole, we conclude the district court did not commit error in giving the willful blindness instruction. Id. at 1131 (willful blindness instruction properly given when evidence supports inference of deliberate ignorance). Further, any error in giving this instruction was harmless in light of the overwhelming evidence of Regan’s involvement.
Fourth, Regan contests his base offense level arguing the government did not prove by a preponderance of evidence that he was involved in the distribution of seventy-seven kilograms of cocaine. The trial testimony of three witnesses, however, attributed Regan with handling at least fifty kilograms of cocaine. Because a base offense level of thirty-six applies to amounts of at least fifty kilograms but less than one hundred fifty kilograms of cocaine, U.S. S.G. § 2D1.1(c)(4), we need not resolve whether the government proved the difference between fifty and seventy-seven kilograms. Thus, we conclude the district court properly assigned Regan a base offense level of thirty-six.
Finally, asserting he was merely a courier, Regan challenges the district court’s failure to decrease his offense level by two as a minor participant. See U.S. S.G. § 3B1.2. We review a sentencing court’s denial of this reduction for clear error. United States v. Olson, 931 F.2d 1250, 1252 (8th Cir.1991). Having examined the evidence, we conclude Regan was more than a mere courier. Indeed, Regan was deeply involved in the transportation and handling of a large quantity of drugs and cash with his coconspirators. In addition, Regan received economic benefits from his involvement in the conspiracy— Ralph Duke paid Regan’s rent in an expensive high-rise apartment. Thus, the district court committed no error in denying Regan a reduction in his offense level as a minor participant.
Accordingly, we affirm Regan’s convictions and sentences.