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The Honorable Donald E. O’Brien, United States District Judge for the

Northern District of Iowa. 

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

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No. 08-2369

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United States of America, *

*

Appellee, *

* Appeal from the United States

v. * District Court for the

* Northern District of Iowa.

Ronald Weaver, * 

* 

Appellant. *

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Submitted: December 9, 2008

Filed: February 6, 2009 (Corrected February 9, 2009)

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Before WOLLMAN, BYE, and RILEY, Circuit Judges. 

___________

RILEY, Circuit Judge.

Defendant, Ronald Gene Weaver (Weaver), was convicted by a jury of

(1) conspiracy to distribute 50 grams or more of cocaine base in violation of 21 U.S.C.

§§ 841(a)(1), (b)(1)(A), and 846; and (2) possession with intent to distribute 50 grams

or more of cocaine base in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A). The district

court1

 sentenced Weaver to two concurrent sentences of 300 months imprisonment,

and five years of supervised release. Weaver now challenges his conviction claiming

(1) there was insufficient evidence to support his conviction, (2) the jury verdict form
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was inconsistent with the jury instructions, and (3) the trial court erred in denying

Weaver’s motion for mistrial. We affirm.

I. BACKGROUND

For at least one month, police officers in Sioux City, Iowa, were investigating

the suspected distribution of crack cocaine from a residence located at 1430 Summit

Street. On July 29, 2005, an informant conducted a controlled purchase of one to two

grams of crack cocaine from an occupant at that address. After the controlled

purchase, officers obtained a search warrant and entered the home. Several of the

occupants attempted to flee. Weaver and one of his co-conspirators were arrested

while running from the residence. The police searched the home and discovered

approximately 150 grams of crack cocaine. The police also seized drug

manufacturing and packaging materials, a digital scale, and a significant amount of

cash, including $900 found on Weaver. 

Weaver and his four co-defendants were charged with conspiracy to distribute

crack cocaine and possession with intent to distribute crack cocaine. During Weaver’s

trial, the government presented testimony from five police officers and twelve

cooperating witnesses. The officers detailed (1) their involvement in the surveillance

of the home located at 1430 Summit Street in Sioux City, Iowa; (2) their use of an

undercover informant to successfully purchase cocaine from one of the coconspirators; (3) their execution of a search warrant and the seizure of a significant

amount of crack cocaine and other drug evidence; and (4) their conversations with

cooperating witnesses about Weaver and the overall conspiracy. 

The government further presented testimony from twelve cooperating

witnesses, including Keri Goodwin (Goodwin), Marty Landfair (Landfair), Anthony

Grenier (Grenier), Tommy Quince (Quince), Laurie Scofield (Scofield), Moses

Vanpelt (Vanpelt), Patrick Harrell (Harrell), James King (King), Myree Coleman Jr.

(Coleman), Gailene Jones (Jones), Donald Anderson (Anderson), and Pearl Freemont
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(Freemont). Goodwin, Landfair, Grenier, Quince, Scofield, Freemont, and Jones

testified to purchasing crack cocaine on numerous occasions from Weaver and his codefendants at the 1430 Summit Street address. 

King and Vanpelt each testified to observing Weaver sell crack cocaine to other

people. Coleman related he purchased user quantities of crack cocaine from Weaver

at least twenty-five times during 2004 and 2005 at various locations. Coleman further

testified: (1) Coleman witnessed Weaver sell cocaine to one other person, (2) Coleman

had conversations with Weaver in which Weaver disclosed information about

Weaver’s methods in conducting drug sales, and (3) Weaver offered Coleman an

opportunity to transport cocaine from Kansas City, Kansas, to Sioux City, Iowa, in

exchange for $7,000. Anderson and Harrell reported their personal knowledge of

Weaver’s involvement with drug trafficking, including Weaver dealing with a known

crack distributor in 2005. Several of the witnesses also testified Weaver appeared to

be the man in charge of the entire operation, as Weaver often directed others,

including his co-defendants, to conduct specific drug sales. 

The jury returned a completed verdict form reflecting their findings that Weaver

was guilty of (1) conspiracy to distribute over 50 grams of cocaine base, and (2)

possession with intent to distribute over 50 grams of cocaine base. On June 2, 2008,

the district court sentenced Weaver to 300 months imprisonment on each count, to be

served concurrently, and five years of supervised release. This appeal followed.

II. DISCUSSION

A. Sufficiency of the Evidence

On appeal, Weaver claims the government failed to present sufficient evidence

to support Weaver’s convictions for conspiracy to distribute and for possession with

intent to distribute crack cocaine. “We review the sufficiency of the evidence de

novo, viewing evidence in the light most favorable to the government, resolving

conflicts in the government’s favor, and accepting all reasonable inferences that
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support the verdict.” United States v. Bower, 484 F.3d 1021, 1025 (8th Cir. 2007)

(citations omitted). See United States v. Lopez, 443 F.3d 1026, 1030 (8th Cir. 2006)

(en banc). A verdict will only be overturned if no reasonable jury could have found

the defendant guilty beyond a reasonable doubt. See United States v. Gray, 369 F.3d

1024, 1028 (8th Cir. 2004). 

“To establish that a defendant conspired to distribute drugs under 21 U.S.C.

§ 846, the government must prove: (1) that there was a conspiracy, i.e., an agreement

to distribute the drugs; (2) that the defendant knew of the conspiracy; and (3) that the

defendant intentionally joined the conspiracy.” United States v. Jiminez, 487 F.3d

1140, 1146 (8th Cir. 2007) (quoting United States v. Espino, 317 F.3d 788, 792 (8th

Cir. 2003)). “Either direct or circumstantial evidence can provide the basis of a

[conspiracy] conviction.” United States v. Jiminez-Perez, 238 F.3d 970, 973 (8th Cir.

2001) (citing United States v. Beckman, 222 F.3d 512, 522 (8th Cir. 2000)).

“To sustain a conviction [for possession with intent to distribute] under 21

U.S.C. § 841, the jury ‘must find that the evidence supports that (1) the defendant

knowingly possessed [a controlled substance] and (2) that defendant intended to

distribute the [controlled substance].’” United States v. Cole, 380 F.3d 422, 425 (8th

Cir. 2004) (quoting United States v. Wesley, 990 F.2d 360, 364-65 (8th Cir. 1993)).

Upon our review of the evidence presented at trial, the jury’s verdict was

supported by sufficient evidence to sustain a conviction for each of these offenses.

Several police officers testified about the drug conspiracy and Weaver’s involvement

in that conspiracy. Seven cooperating witnesses testified they personally purchased

crack cocaine from Weaver and his co-defendants at 1430 Summit Street. Another

witness testified to purchasing crack cocaine at least twenty-five times from Weaver

at several locations. Four cooperating witnesses testified they observed Weaver sell

crack cocaine to other people. In total, twelve cooperating witnesses testified against

Weaver and implicated Weaver in the drug conspiracy. This testimony was
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corroborated by evidence seized from the residence from which Weaver and others

fled, including 150 grams of cocaine, large amounts of cash, and other indicia of the

manufacture and distribution of cocaine. 

Weaver contends the testimony of the cooperating witnesses is unreliable

because the cooperating witnesses are “convicted felons with histories of drug use and

addiction who were looking to reduce their sentences by testifying regarding their

knowledge of Weaver’s involvement in narcotics trafficking.” Weaver’s argument

essentially attacks the credibility of the cooperating witnesses. 

To reach a verdict, a jury is often required to weigh the credibility of the

witnesses. See, e.g., United States v. Daugherty, 952 F.2d 969, 970 (8th Cir. 1991)

(citing United States v. Bailey, 444 U.S. 394, 414-15 (1980)). “It is the function of

the jury, not an appellate court, to resolve conflict[s] in [the] testimony or judge the

credibility of [the] witnesses.” Smalley v. United States, 798 F.2d 1182, 1188 (8th

Cir. 1986) (quoting United States v. Harrison, 671 F.2d 1159, 1162 (8th Cir. 1982)).

“We are especially unwilling to overturn a jury’s verdict when it so manifestly

depends on credibility assessments.” Daugherty, 952 F.2d at 970 (citing United States

v. Canales, 744 F.2d 413, 422 (5th Cir. 1984)). 

In the present case, the district court instructed the jury members that they may

“have to decide what testimony you believe and what testimony you do not believe,”

and provided the jury with factors to consider when making such a determination.

The district court further instructed the jury: “You may give the testimony of these

witnesses such weight, if any, as you think it deserves. Whether or not testimony of

a witness may have been influenced by his hope of receiving a reduced sentence is for

you to decide.” Throughout Weaver’s trial, the jury had ample opportunity to observe

and evaluate the credibility of each cooperating witness, and in the absence of

evidence to the contrary, we presume the jury did so. See United States v. Harper,

466 F.3d 634, 647 (8th Cir. 2006). Because the jury’s credibility determinations were
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well supported by sufficient evidence, the jury reasonably found Weaver guilty

beyond a reasonable doubt. 

Weaver also challenges the dates on which he was alleged to have engaged in

drug activity, claiming to have been incarcerated or with family members on those

dates. To support this challenge, Weaver refers to the testimony of his family

members, and a stipulation listing the dates of Weaver’s incarceration. During trial,

the district court permitted Weaver to introduce a time-line in an effort to clarify the

dates and time periods Weaver was alleged to have engaged in the charged offenses.

With the assistance of this time-line, the jury was able to compare Weaver’s dates of

incarceration to the dates witnesses testified about Weaver’s involvement in the sale

of cocaine. The jury appropriately had an opportunity to weigh the credibility of the

witnesses and determine whether Weaver engaged in drug activity on the dates

alleged. Viewing the evidence in the light most favorable to the verdict, more than

sufficient evidence supports the jury finding Weaver guilty beyond a reasonable

doubt. 

B. Jury Instructions and Verdict Form

Weaver also claims the jury instructions and the jury verdict form were

inconsistent with one another. Generally, “[w]e review the district court’s formulation

of jury instructions for abuse of discretion.” United States v. Williford, 309 F.3d 507,

509 (8th Cir. 2002) (citing United States v. Parker, 32 F.3d 395, 400 (8th Cir. 1994)).

“However, because [Weaver] did not object to the jury instructions at trial, we review

the jury instructions only for plain error.” United States v. Urkevich, 408 F.3d 1031,

1036 (8th Cir. 2005) (citation omitted). “Plain-error review permits reversal only if

the error ‘was so prejudicial as to have affected substantial rights resulting in a

miscarriage of justice.’” Id. (quoting United States v. Griffith, 301 F.3d 880, 883 (8th

Cir. 2002)). 
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Weaver’s jury was provided with a series of instructions before deliberations.

One of these instructions required the jury to determine the total quantity, in grams,

of cocaine base for which Weaver was responsible. Weaver maintains this is

inconsistent with the verdict form which “did not have a blank line for the jury to

indicate the amount in terms of grams that they found Weaver responsible for.”

Weaver argues, “The interplay between the jury verdict form and instructions created

the potential for the jury to be confused thereby denying Weaver his right to a fair

trial.” 

The jury instructions and the jury verdict form are consistent. The instructions

explain the jury should first determine whether the defendant is guilty of the offense.

The instructions then state, if the defendant is found guilty, “[y]ou must determine the

total quantity of cocaine base for which the defendant can be held responsible in terms

of grams. You must then indicate in the Verdict Form the range within which that

total quantity falls.” (emphasis in original).

The jury was provided two jury verdict forms, one for each of the offenses

charged. For each offense, the verdict form first asked, as directed in the jury

instructions, whether the jury believed the defendant was guilty or not guilty. The

jury clearly marked an “X” on the line next to the word “Guilty” on both verdict

forms. When the jury found Weaver guilty, both verdict forms required the jury to

consider first, whether the “Government has proved beyond a reasonable doubt that

the amount of cocaine base involved exceeded 50 grams of cocaine base.” If not, the

jury was then asked to consider whether the government proved the amount of cocaine

base involved exceeded 5 grams. On both verdict forms, the jury indicated its belief

the government proved beyond a reasonable doubt the total amount of cocaine base

involved exceeded 50 grams. 

The requirements of each verdict form are consistent with the jury instruction

which required the jurors to determine the total quantity of cocaine and “then indicate
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in the Verdict Form the range within which that total quantity falls.” Weaver’s sole

argument is the verdict form did not provide a line to indicate the total quantity

involved. The jurors were never told they had to write an exact figure on the verdict

form, and such an exercise was unnecessary. There is no evidence the jurors were

confused about the jury instructions or the verdict form. The district court did not

commit plain error, or any error, in instructing the jury or receiving the jury’s verdict.

C. Mistrial

Before trial, the district court ruled, pursuant to Weaver’s motion in limine, that

the government was precluded from presenting evidence regarding Weaver’s prior

criminal history, including arrests or charges without convictions, absent court

approval. On appeal, Weaver claims the district court erred when it denied his motion

for mistrial due to the government’s alleged violation of the district court’s in limine

order. 

During trial, Weaver attempted to prove he could not be guilty of the charged

offenses because he was either incarcerated or with family members during some of

the time he was alleged to have engaged in drug activity. In response, the government

re-called Officer Brad Downing to testify as a rebuttal witness. In an attempt to

clarify the relevant time frame, the prosecutor questioned Officer Downing about the

time frame surrounding Weaver’s initial charges in this case, which originated in state

court. The prosecutor asked Officer Downing, “And what [was Weaver] charged with

originally in regards to charges and basically times?” This question was never

answered because Weaver’s attorney objected on relevance grounds and moved for

a mistrial, alleging the government violated the district court’s pretrial motion in

limine. During a sidebar conference, the district court denied the mistrial motion. The

district court allowed the government to present testimony from Officer Downing

pertaining to the time of Weaver’s arrest on the underlying state court charges for the

purpose of rebutting Weaver’s alibi defense. 
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“[T]he district court’s decision to deny a motion for a mistrial is reviewed for

an abuse of discretion.” United States v. Brandon, 521 F.3d 1019, 1026 (8th Cir.

2008) (citing United States v. Urick, 431 F.3d 300, 304 (8th Cir. 2005)). “We give

the district court ‘broad discretion to grant or deny a motion for mistrial because it is

in a far better position to weigh the effect’ of any possible prejudice.” United States

v. Urqhart, 469 F.3d 745, 749 (8th Cir. 2006) (quoting United States v. Davidson, 122

F.3d 531, 538 (8th Cir. 1997)). “Further, the district court is in the best position to

craft a remedy, given that ‘less drastic measures [than mistrial] such as a cautionary

instruction are generally sufficient to alleviate prejudice’ stemming from accidental

comments.” Id. (quoting Davidson, 122 F.3d at 538). “Finally, where there is

‘substantial evidence of appellant’s guilt, any error in the failure to declare a mistrial

was harmless.’” Id. (quoting Urick, 431 F.3d at 305). 

The district court did not abuse its discretion when it denied Weaver’s motion

for a mistrial. Officer Downing’s testimony was presented to rebut evidence offered

by Weaver. The district court’s motion in limine addressed only prior criminal

history. The prosecutor did not ask Officer Downing about Weaver’s prior criminal

history, but only about the facts surrounding the present case. Officer Downing did

not answer the challenged question, and no impermissible evidence was presented to

the jury. Despite this, Weaver argues his defense was prejudiced when the jury heard

the question. Even if Weaver’s defense had been prejudiced by the mere asking of the

question, the district court remedied any prejudice when the court instructed the jury

that evidence “consists of the testimony of witnesses,” and “questions . . . by

lawyers . . . are not evidence.” The district court did not abuse its discretion. Further,

the evidence against Weaver was substantial, and any error would be harmless. 

III. CONCLUSION

We affirm the judgment of the district court.

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