United States v. Andre D. Smith, 91 F.3d 1199 (8th Cir. 1996). · Go Syfert
United States v. Andre D. Smith, 91 F.3d 1199 (8th Cir. 1996). Cases Citing This Book View Copy Cite
19 citation events (5 in the last 25 years) across 4 distinct courts.
Strongest positive: United States v. Randeep Mann (ca8, 2012-12-06)
Top citers, strongest first. 13 distinct citers.
discussed Cited as authority (rule) United States v. Randeep Mann (2×)
8th Cir. · 2012 · confidence medium
Though Mann offers innocent explanations of his and Sangeeta’s actions, “[w]e will uphold the jury verdict if a reasonable minded jury could have found the defendant guilty beyond a reasonable doubt.” United States v. Smith, 91 F.3d 1199, 1200 (8th Cir. 1996).
cited Cited as authority (rule) United States v. Thomas
5th Cir. · 2008 · confidence medium
United States v. Smith, 91 F.3d 1199, 1201 (8th Cir. 1996). 65 .
discussed Cited as authority (rule) United States v. Tonnie Williams
8th Cir. · 1999 · confidence medium
See Billingsley, 160 F.3d at 506 (evidence of large quantity of drugs and items such as a cutting agent, scales, and wrapping supplies, which are “tools of the trade” for drug dealers, sufficient to establish that defendant intended to sell controlled substances); Gillings, 156 F.3d at 861 (noting that jury could infer intent to distribute controlled substances based upon quantity of drugs, cash, and drug 8 A gun is considered a “tool of the trade” for individuals dealing in drugs, United States v. Schubel, 912 F.2d 952, 956 (8th Cir. 1990). -8- paraphernalia); United States v. Smith, …
discussed Cited as authority (rule) United States v. Tonnie Franklin Williams
8th Cir. · 1999 · confidence medium
See Billingsley, 160 F.3d at 506 (evidence of large quantity of drugs and items such as a cutting agent, scales, and wrapping supplies, which are “tools of the trade” for drug dealers, sufficient to establish that defendant intended to sell controlled substances); Gillings, 156 F.3d at 861 (noting that jury could infer intent to distribute controlled substances based upon quantity of drugs, cash, and drug paraphernalia); United States v. Smith, 91 F.3d 1199, 1201 (8th Cir.1996) (expert testimony that 9.9 grams of cocaine base exceeds amount attributable to personal use sufficient to suppor…
discussed Cited as authority (rule) United States v. Romelle Monte Surratt, United States of America v. Gregory Surratt, Sr. (2×) also: Cited "see"
8th Cir. · 1999 · confidence medium
“Tn reviewing the sufficiency of the evidence, we view the evidence in the light most favorable to the government, resolving evidentiary conflicts in favor of the government, and accepting all reasonable inferences drawn from the evidence that support the jury’s verdict.’ ” United States v. Smith, 91 F.3d 1199, 1200 (8th Cir.1996) (quoting United States v. White, 81 F.3d 80, 82 (8th Cir.1996)).
discussed Cited as authority (rule) United States v. Romelle Surratt (2×) also: Cited "see"
8th Cir. · 1999 · confidence medium
In Count III, the government charged Romelle Surratt with possession with the intent to distribute 365 grams of crack cocaine; Count IV charged Romelle Surratt with being a convicted felon in possession of a firearm. "'In reviewing the sufficiency of the evidence, we view the evidence in the light most favorable to the government, resolving evidentiary conflicts in favor of the government, and accepting all reasonable inferences drawn from the evidence that support the jury's verdict.'" United States v. Smith, 91 F.3d 1199, 1200 (8th Cir. 1996) (quoting United States v. White, 81 F.3d 80, 82 (…
discussed Cited as authority (rule) United States v. Bobby Michael Chard, United States of America v. Robert Donald James
8th Cir. · 1997 · confidence medium
When reviewing the sufficiency of the evidence to support a conviction, we review the evidence “in the light most favorable to the government, resolving evidentiary conflicts in favor of the government, and accepting all reasonable inferences drawn from the evidence that support the jury’s verdict.” United States v. Smith, 91 F.3d 1199, 1200 (8th Cir.1996) (quotations and citation omitted).
discussed Cited as authority (rule) United States v. Bobby M. Chard
8th Cir. · 1997 · confidence medium
When reviewing the sufficiency of the evidence to support a conviction, we review the evidence “in the -14- light most favorable to the government, resolving evidentiary conflicts in favor of the government, and accepting all reasonable inferences drawn from the evidence that support the jury’s verdict.” United States v. Smith, 91 F.3d 1199, 1200 (8th Cir. 1996) (quotations and citation omitted).
discussed Cited "see" Woods v. United States
E.D. Mo. · 2021 · signal: see · confidence high
See United States v. Smith, 91 F.3d 1199, 1200 (8th Cir. 1996) (upholding convictions under both 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 924 (c) where officers witnessed defendant discarding drugs and gun); United States v. Burton, 30 F.3d 136 (7th Cir. 1994) (upholding convictions under both 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 924 (c) even though defendant not in possession at time of arrest).
discussed Cited "see" United States v. Kates
5th Cir. · 1999 · signal: see · confidence high
See United States v. Smith, 91 F.3d 1199, 1201 (8th Cir.1996) (9.9 grams of cocaine base “far .exceeds the amount attributable to personal use”); United States v. Bell, 954 F.2d 232, 235 (4th Cir.1992) (“The thirteen plus grams of crack ... is a ‘large quantity’ supporting the *583 factfinder’s inference that an intent to distribute existed”), overruled on other grounds by United States v. Burgos, 94 F.3d 849 (4th Cir.1996) (en banc); Robinson, 870 F.2d at 613 (25.2 grams sufficient); see also United States v. Lamarr, 75 F.3d 964, 973 (4th Cir.1996) (5.72 grams sufficient).
cited Cited "see" United States v. Stephen Jones
8th Cir. · 1998 · signal: see · confidence high
See United States v. Smith, 91 F.3d 1199 , 1200- 01 (8th Cir. 1996).
discussed Cited "see" United States v. Reginald Pierre Beasley, United States of America v. Oliver Lawrence Beasley (2×)
8th Cir. · 1997 · signal: see · confidence high
See United States v. Smith, 91 F.3d 1199, 1200-01 (8th Cir.1996).
discussed Cited "see, e.g." Lucas Montel Howard a/k/a Bam a/k/a Lucas M. Howard v. State of Mississippi
Miss. · 2024 · signal: see also · confidence medium
United States v. Lamarr, 75 F.3d 964 , 973 (4th Cir. 1996); see also United States v. Smith, 91 F.3d 1199, 1201 (8th Cir. 1996) (finding evidence supported possession with intent to distribute because 9.9 grams of cocaine base “far exceeds the amount attributable to personal use”); United States v. Bell, 954 F.2d 232, 235 (4th Cir. 1992) (“The thirteen plus grams of crack . . . is a ‘large quantity’ supporting the factfinder’s inference that an intent to distribute existed.”), overruled on other grounds by United States v. Burgos, 94 F.3d 849, 860-62 (4th 7 Cir. 1996).
UNITED STATES of America, Plaintiff-Appellee,
v.
Andre D. SMITH, Defendant-Appellant
95-4044.
Court of Appeals for the Eighth Circuit.
Aug 13, 1996.
91 F.3d 1199
James H. Phillips, Little Rock, AR, for appellant., Lesa Bridges Jackson, Asst. U.S. Atty., Little Rock, AR, for appellee.
Arnold, Wollman, Hansen.
Cited by 14 opinions  |  Published
HANSEN, Circuit Judge.

Andre Smith appeals his convictions under 21 U.S.C. § 841(a) for possession with intent to distribute cocaine base and under 18 U.S.C. § 924(c) for using or carrying a firearm during and in relation to a drag trafficking offense. We affirm the conviction on the drug charge and reverse on the firearm charge.

The facts, viewed in the light most favorable to the jury verdict, see United States v. White, 81 F.3d 80, 81 (8th Cir.1996), are as follows. On February 25, 1995, a citizen telephoned the Little Rock Police Department, reporting that a shot had been heard in the area of a city park. Four officers from the Little Rock Police Department entered the park from various directions to investigate the alleged disturbance. The officers observed a group of young men gathered near a picnic table. As the officers approached, the men moved toward a pavilion.

One officer observed Andre Smith and another individual walk away from the group, toward the back of the pavilion. The officer called to the two men, but they kept walking. Two other officers saw Smith reach into his pocket, pull out a white object and a shiny object, and discard the items inside the metal bars of a back entrance to the pavilion. Smith then approached the officer who had called to him. One of the officers who saw Smith discard the items walked over to the back entrance of the pavilion to retrieve them. There, he found a clear plastic bag containing a white, powdery substance and a small, silver derringer, which was loaded. Smith was arrested. The powdery substance was later identified as 9.9 grams of cocaine base.

A federal grand jury indicted Smith, charging him under Count 1 with possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841(a) and under Count 2 with using or carrying a firearm during or in relation to a drug trafficking offense in violation of 18 U.S.C. § 924(c). The case proceeded to trial, and a jury returned guilty verdicts on both counts. The district court sentenced Smith to two consecutive five-year terms of imprisonment.

Smith appeals his convictions, arguing that the evidence is insufficient to support the guilty verdicts. “In reviewing the sufficiency of the evidence, we view the evidence in the light most favorable to the government, resolving evidentiary conflicts in favor of the government, and accepting all reasonable inferences drawn from the evidence that support the jury’s verdict.” White, 81 F.3d at 82. We will uphold the jury verdict if a reasonable minded jury could have found the defendant guilty beyond a reasonable doubt. Id.

The evidence in this case is sufficient to support the verdict on the drug charge. All four officers testified at trial. Two officers testified that they saw Smith take a white object and a shiny object from his pocket and discard them. One of the officers stated that he retrieved what were later identified as a plastic bag containing 9.9 grams of cocaine base and a loaded .32 caliber derringer from the place where he saw Smith discard the objects. This evidence is certainly sufficient to support the jury’s conclusion that Smith possessed the contraband. While Smith testified to another version of the facts and claims the officers’ testimony is not credible, credibility determination is[*1201] properly left in the jury’s hands. United States v. Cunningham, 83 F.3d 218, 222 (8th Cir.1996). Because a reasonable juror could have credited the officers’ testimony, we will not disturb the jury’s finding that the officers’ testimony was credible and that Smith’s testimony was not. Id.

We also conclude the evidence is sufficient to support the jury’s finding that Smith possessed the cocaine base with intent to distribute it, because an expert testified that 9.9 grams of cocaine base far exceeds the amount attributable to personal use. We therefore affirm the conviction under 21 U.S.C. § 841(a).

The conviction under 18 U.S.C. § 924(e) is affected by a recent Supreme Court opinion, Bailey v. United States, — U.S. -, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995). In Bailey, the Court held that “use” under § 924(c) requires some active employment of the firearm by the defendant. Id. at -, 116 S.Ct. at 505. In light of Bailey, the government concedes that the evidence is insufficient to support the conviction, because the record does not contain evidence of Smith’s active employment of the firearm. The government does not argue that the evidence supports the “carry” alternative in § 924(e). We note that only the “use” alternative was submitted to the jury by the court’s instructions. (See Court’s Instruction No. 11; Clerk’s R. on Appeal at 46.) We therefore reverse and vacate the § 924(c) conviction.

Accordingly, we reverse and remand this ease for resentencing consistent with this opinion.