United States v. Mayfield, No. 17-3211 (8th Cir. 2018)Annotate this Case
A Nebraska jury convicted Mayfield, a California resident, of conspiracy to distribute and possess with intent to distribute methamphetamine (21 U.S.C. 841(a)(1), 841(b)(1)(A), and 846). The district court imposed the mandatory minimum sentence of 240 months’ imprisonment. At trial, three cooperating witnesses testified that their methamphetamine supplier, Love, purchased meth from the “Cali Boys,” brothers “Rob” Mayfield and Anthony “Duga” Harris. The Eighth Circuit affirmed, rejecting an argument that out-of-court statements Love made to the cooperators, and recorded calls that Harris made from jail to “Rob” at a California telephone number, were inadmissible hearsay. The statements were made during the course and in furtherance of the conspiracy; such statements are generally non-testimonial, and their admission does not violate the Confrontation Clause The court found the evidence sufficient to convict and upheld the imposition of an obstruction-of-justice sentencing enhancement based on defendant's act of making a throat-slashing gesture to testifying co-conspirator.