Brown

MEMORANDUM **

A jury convicted Defendant Sandra Kay Brown of conspiracy to possess a controlled substance with intent to distribute, in violation of 21 U.S.C. §§ 841 and 846, and money laundering, in violation of 18 U.S.C. § 1956 (a)(l)(A)(i).

1. The conspiracy conviction is supported by sufficient evidence. For example, Defendant brought one pilot into the drug-selling organization and participated in the decision to hire a second pilot, and the pilots transported marijuana and money for the organization, not just for Defendant. Defendant also exercised privileges not open to ordinary customers, such as receiving on credit large amounts of drugs for resale and inspecting the drugs in locations kept secret from ordinary customers. The jury was not required to believe Defendant’s claim that she was a mere customer or mere acquaintance.

2. The money laundering conviction, however, is not supported by sufficient evidence. The government did not try the case on a theory of aiding and abetting, so that theory is not available on *587 appeal. See McCormick v. United States, 500 U.S. 257 , 270 n. 8, 111 S.Ct. 1807 , 114 L.Ed.2d 307 (1991) (holding that an appellate court may not…