Yossunthorn

Defendant Paiboon Mekvichitsang appeals his conviction for conspiracy and attempted possession with intent to distribute heroin. Defendant Sunthorn Yossunthorn appeals his conviction for attempted possession with intent to distribute drugs. In this opinion, 1 we decide that the evidence was insufficient to support the convictions for attempted possession with intent to distribute heroin, and reverse these convictions. We conclude that the evidence was sufficient to support Mekvi-chitsang’s conspiracy conviction and we affirm it.

FACTS AND PROCEDURAL HISTORY

The essential facts are not in dispute. In 1992, 1993, and 1995, Zagar Kovittamakron and Throngboon Kulkovit made heroin deliveries both directly to Mekvichitsang and, at Mekvichitsang’s direction, to Yossunthorn, whom Mekvichitsang described as “one of his workers.” The heroin was sometimes fronted to Mekvichitsang and Yossunthorn, i.e., sold to them on credit. From 1992 to 1995, Mekvichitsang and Yossunthorn purchased quantities of heroin from Kovittamakron and Kulkovit ranging from four ounces to one pound. The price also varied: It was $2,700 per ounce in 1992, and $2,600 per ounce during most of 1995. Once during 1995,…