## Facts

- The federal government prosecuted Reginald Dinez Johnson, Carl Alexander, and other co-defendants (including Brown) for narcotics trafficking under 21 U.S.C. § 841 and conspiracy under 21 U.S.C. § 846.
- Trial evidence described a drug operation that lasted about seven to eight years in which conspirators bought drugs in California and transported them to St. Louis, Missouri, where the drugs were sold to retail buyers.
- The proof showed the conspiracy existed before Johnson and Alexander became involved; neither was presented as an original member.
- Several cooperating conspirators testified that, after joining the group, Johnson repeatedly rode in a “chase” vehicle used to escort a courier truck carrying drug-purchase cash or drugs across the country.
- Jason Miller testified that Brown once helped unload a courier truck.
- Two witnesses testified that, on at least two occasions, Alexander flew with conspirators to California or Texas in connection with drug purchases.
- Brown and Alexander testified that they were only present during the events described by the government’s witnesses and that they did not know about, or take part in, a drug-distribution agreement.
- The jury convicted the defendants, including on the § 846 conspiracy charge.
- On appeal, Brown and Alexander challenged the sufficiency of the evidence supporting their conspiracy convictions.

## Issues

1. Whether the trial evidence was sufficient to permit a reasonable jury to find beyond a reasonable doubt that Brown knowingly joined and participated in the drug-distribution conspiracy, rather than being only present or associated with conspirators.
2. Whether the trial evidence was sufficient to permit a reasonable jury to find beyond a reasonable doubt that Alexander knowingly joined and participated in the drug-distribution conspiracy, rather than being only present or associated with conspirators.

## Decision

- The Eighth Circuit affirmed the conspiracy convictions challenged on appeal.
- The court held that the government’s proof, including testimony describing Brown’s assistance with a courier truck and Alexander’s participation in trips connected to drug buys, allowed a reasonable jury to find knowing and voluntary participation in the conspiracy.
- The court rejected the argument that the evidence showed only presence or innocent association.

## Legal Principles

- To prove a drug conspiracy under 21 U.S.C. § 846, the government must show an agreement to commit a drug offense, the defendant’s knowledge of the agreement’s unlawful purpose, and the defendant’s voluntary participation.
- The government may prove agreement, knowledge, and participation through circumstantial evidence and reasonable inferences from the defendant’s conduct.
- Presence at the scene of criminal activity or association with wrongdoers, without more, does not by itself establish membership in a conspiracy.
- On sufficiency review, the appellate court views the evidence in the light most favorable to the verdict, draws reasonable inferences supporting the verdict, and resolves evidentiary conflicts in favor of the government.

## Conclusion

The Eighth Circuit concluded that the testimony and circumstances presented at trial permitted a reasonable jury to find that Brown and Alexander knew about the long-running drug operation and voluntarily took part in it, so their § 846 conspiracy convictions were supported by sufficient evidence and were affirmed.


United States v. Johnson, 450 F.3d 366 (2006)