201009P.pdf   06/01/2021  United States  v.  Gary Sims
   U.S. Court of Appeals Case No:  20-1009
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Benton, Author, with Gruender and Shepherd, Circuit Judges] 
   Criminal Case - conviction and sentence. Sims appeals his conviction for 
   unlawfully distributing methamphetamine and conspiring to distribute it, 
   and his 108 month sentencing, arguing the evidence presented proved 
   multiple conspiracies but the indictment alleged only one, the district 
   court erroneously admitted hearsay, abused its discretion in not polling a 
   juror in isolation and erred in calculating the drug quantity attributable 
   to Sims. Viewed in the light most favorable to the verdict, one conspiracy 
   existed, a reasonable juror could conclude there was a single conspiracy, 
   and the district court did not clearly err in denying a motion to acquit. 
   Even if a variance occurred, Sims's substantial rights were not infringed. 
   District court did not err in admitting statements made in furtherance of 
   the conspiracy, did not abuse its discretion in not separately polling the 
   juror, and did not clearly err in calculating drug quantity.