99-3459 U.S. v. Thomas

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“The transactions between Jones and Thomas that occurred prior to July 26 do not themselves demonstrate the existence of a collaborative relationship between them. We know that (1) in late May, Thomas flagged Jones down as she and the others were driving about Charleston, brokered the sale of a half ounce of crack, and told Jones to look him up when she inquired about the possibility of future sales; (2) Thomas brokered at least three more sales to Mrs. Jones prior to the July 26 search of the Jones residence, for a total of at least four sales; (3) at the conclusion of the third sale, Thomas gave Jones his telephone and beeper numbers; (4) Thomas was Jones’ exclusive source of crack cocaine between late May and late July. These facts do not alone evidence an agreement between Thomas and Jones. At most, they establish a series of four, spot-market, cash transactions. The terms of these transactions were apparently satisfactory enough to Jones that she continued to seek Thomas when she needed more crack cocaine, and sufficiently advantageous for Thomas that he supplied his contact information to Jones and continued to do business with her. But there is nothing in the facts that suggests even a commitment to future sales, let alone some interest in the success of Jones’s re-distribution of the cocaine to her customers. See Rivera, 273 F.3d at 755-56 (multiple sales alone do not establish conspiracy); Contreras, 249 F.3d at 600 (same); Torres-Ramirez, 213 F.3d at 982 (supplying narcotics purchaser with pager number does not prove a conspiratorial agreement). Indeed, when Jones was asked whether there was a reason why Thomas was her one and only source between May and July of 1995, she responded, ‘Not really.'”

Reversed.

Appeal from the United States District Court for the Southern District of Illinois, Gilbert, J., Rovner, J.