U.S. v. Page

Dist. Ct. committed plain error by failing to tender to jury buyer-seller instruction in defendant’s trial on drug-trafficking conspiracy charge. Said charge requires showing that defendant had stake in venture, and that there was evidence of agreement to further advance drug distribution beyond initial transaction. Ct. of Appeals found that government’s evidence, at best, showed existence of either conspiracy or buyer/seller relationship, such that failure to tender buyer/seller instruction constituted reversible error that required that defendant be given new trial. Fact that defendant had purchased distribution qualities of heroin for over year and half did not, by itself, create inference of existence of conspiracy.