United States v. Huey Nelson

MEMORANDUM

The trial court set aside the jury verdict convicting two criminal defendants, Huey Lynn Nelson and Elvin Harris (“Defendants”), of: (1) conspiracy to possess with intent to distribute cocaine ( 21 U.S.C. §§ 846 and 841(b)(l)(A)(iii)); (2) conspiracy to interfere with commerce by robbery ( 18 U.S.C. § 1951 ); and (3) use of a firearm during a drug trafficking crime ( 18 U.S.C. § 924 (c)). Defendants were convicted along with co-conspirators Shane Mullins and Darris Hurth as part of a sting operation executed by the ATF and Darrin Whitmore (“Agent”), an undercover agent who feigned participation in the scheme to rob a cocaine stash house. Adrian Evans, another co-conspirator to the charged offenses, was not indicted in this case.

The district court found the evidence against Defendants insufficient to support the jury verdict and granted acquittal under Federal Criminal Rule 29. The Government timely appealed. We have jurisdiction under 18 U.S.C. § 3731 .

The Government concedes its evidence is “not overwhelming,” but contends it was sufficient for a rational juror to conclude, beyond a reasonable doubt, that Defendants were knowing participants in the planned robbery…