United States v. Joseph Smith

The government appeals from the district court’s order granting a new trial following Smith’s conviction by a jury for possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). Disagreeing with the district court, the government contends that there was sufficient evidence to convict Smith for aiding and abetting the commission of the substantive offense charged in the indictment. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3731 . We reverse the district court’s order and reinstate Smith’s conviction.

I

From the late 1960’s until the early 1980’s, Makaweo and Harbin were partners in a conspiracy to distribute cocaine in Hawaii. Smith supplied cocaine to Makaweo through Súber, a person whose role was to obtain large quantities of cocaine for the Makaweo organization for subsequent redistribution. Súber testified that he made three of his cocaine purchases for Makaw-eo from Smith.

Súber first met Smith in Hawaii in the spring of 1983. Approximately one year after this initial encounter, Smith visited Hawaii and informed Súber that he could supply cocaine in multi-kilogram quantities. On April 22, 1984, Súber called Smith, who was…