UNITED STATES v. GARNER (2020)

SUMMARY ORDER

Andrew Garner was tried in the district court on a seven-count criminal indictment charging him with various federal drug offenses, including one count of conspiracy to distribute five kilograms or more of cocaine. The Government argued to the jury that Garner joined the alleged distribution conspiracy, based primarily on a cooperating witness and alleged co-conspirator's testimony that Garner purchased cocaine from him three times over the span of three months.

The jury acquitted Garner of six of the seven counts, convicting him only on the conspiracy count. For sentencing purposes, the jury found that the “amount of the mixture and substance containing cocaine that was reasonably foreseeable to [Garner] as being part of the conspiracy” was “less than 500 grams.” J.A. 919. Garner moved for a judgment of acquittal under Federal Rule of Criminal Procedure 29, arguing that the evidence was insufficient to support a conspiracy. The district court agreed and granted Garner's motion. Applying the buyer-seller doctrine—pursuant to which evidence of the mere purchase and sale of drugs, without more, is insufficient to support a conviction for conspiracy to distribute drugs—the district court concluded that the evidence at trial showed that Garner only purchased cocaine, not that he joined a cocaine distribution conspiracy with his supplier. The Government argues that the district court improperly replaced the jury's interpretation of the evidence with its own and that Garner's conviction should stand.

Upon de novo review, see United States v. Martoma, 894 F.3d 64, 72 (2d Cir. 2017), we agree with the district court that the evidence was insufficient to support Garner's conviction for a drug distribution conspiracy, see United States v. Brock, 789 F.3d 60, 63–64 (2d Cir. 2015). We have considered the Government's remaining arguments and find them to be without merit. Accordingly, we AFFIRM the judgment of the district court.