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No. 95-2428

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United States of America, *

*

 Plaintiff - Appellee, * 

* Appeal from the United States

v. * District Court for the

* Southern District of Iowa.

Stephen Charles Barrett, *

*

 Defendant - Appellant. *

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 Submitted: November 14, 1995

 Filed: January 23, 1996

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Before HANSEN, JOHN R. GIBSON and MURPHY, Circuit Judges.

___________

JOHN R. GIBSON, Circuit Judge.

Stephen Barrett appeals from his conviction for conspiracy to

distribute methamphetamine in violation of 21 U.S.C. § 846 (1994).

Barrett argues that there was insufficient evidence to convict him.

We affirm Barrett's conviction.

Larry Wilhelm, with help from Martin Cecil and William

Markell, sold methamphetamine in Keokuk, Iowa. Wilhelm obtained

his methamphetamine in California from his cousin and another man.

Consequently, Wilhelm had to arrange for the transportation of his

methamphetamine from California to Iowa.

Before his arrest, Barrett lived in California and knew
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Wilhelm's cousin, who introduced Barrett to Wilhelm. Barrett made

several trips from California to Iowa and met Wilhelm in Iowa on

these trips.

On September 23, 1994, the United States government charged

Barrett with conspiracy to distribute methamphetamine in Iowa,

alleging that Barrett transported methamphetamine from California

to Iowa for Wilhelm.

At trial several witnesses testified that Barrett transported

methamphetamine for Wilhelm. Wilhelm testified that he usually

paid everyone who transported methamphetamine for him $1,000 per

trip. He further testified that his cousin introduced him to

Barrett and asked him to use Barrett to carry methamphetamine

because Barrett needed the money. Wilhelm stated that he agreed to

use Barrett and that Barrett made approximately twenty trips for

him.

Markell testified that he met Barrett on a trip to California

with Wilhelm. Markell stated that while in California Wilhelm gave

methamphetamine to Barrett so Barrett could transport the

methamphetamine back to Iowa for Wilhelm. Cecil testified that he

twice accompanied Wilhelm to Council Bluffs, Iowa to pick up

methamphetamine from Barrett.

Barrett testified in his own defense and denied being a part

of Wilhelm's conspiracy. Barrett testified that he had

hemochromatosis, an extremely painful physical condition, and that

he smoked marijuana to lessen the pain of his condition. Barrett

stated that he traveled to Iowa to purchase marijuana because it

was cheaper in Iowa than in California. Barrett admitted that he

knew Wilhelm, but he denied that he transported methamphetamine for

Wilhelm.

The jury found Barrett guilty of conspiracy to distribute
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methamphetamine. He appeals his conviction, arguing that the

government did not prove him guilty beyond a reasonable doubt.

In reviewing the sufficiency of the evidence to support a

guilty verdict, we look at the evidence in the light most favorable

to the verdict and accept as established all reasonable inferences

supporting the verdict. We then uphold the conviction only if it

is supported by substantial evidence. United States v. Plenty

Arrows, 946 F.2d 62, 64 (8th Cir. 1991); see also Glasser v. United

States, 315 U.S. 60, 80 (1942). In order to prove Barrett engaged

in a conspiracy to distribute methamphetamine, the government had

to establish that: (1) there was an agreement to distribute

methamphetamine; (2) Barrett knew of this agreement; and (3)

Barrett knowingly became a part of the conspiracy. United States

v. Rogers, 982 F.2d 1241, 1244 (8th Cir.), cert. denied, 113 S. Ct.

3017 (1993). 

Barrett argues that there was no credible evidence to prove

that he was a part of Wilhelm's conspiracy. Barrett argues that

there is no physical evidence linking him to the conspiracy, and

that the only testimony linking him to the conspiracy is Wilhelm's,

which is incredible and contradicted by other government witnesses.

Barrett asserts that Wilhelm's statement that Barrett carried

methamphetamine from California to Iowa approximately twenty times

is incredible because his physical condition makes it impossible

for him to take that many trips. Barrett also argues that the

government's other witnesses only saw him in Iowa once or twice.

After reviewing all of the evidence presented at Barrett's

trial, we conclude that there was enough evidence to support

Barrett's conviction. Wilhelm, Markell, and Cecil testified that

Barrett knowingly took part in their conspiracy by transporting

methamphetamine from California to Iowa. This testimony is enough

evidence to convict Barrett, even though others, including Barrett,

testified differently. It is for the jury to decide who to believe
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and who not to believe. A reasonable jury could have decided to

believe Wilhelm, Markell, and Cecil and disregard the contrary

testimony of other witnesses.

We affirm Barrett's conviction.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.