Whether the buyer-seller rule applies to all participants in a drug conspiracy, not just end-users

QUESTIONS PRESENTED A federal jury convicted Savon Carter and Christina Eichler of the sole count charged against them, conspiracy to distribute 500 grams or moreofa mixture or substance containing a detectible amount of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A) and 846. Based on the evidence presented during the trial, Mr. Carter requested that the District Court instruct the jury regarding the buyer-seller rule. The District Court rejected Mr. Carter’s request. The Tenth Circuit affirmed the District Court’s ruling, reasoning that the buyer-seller instruction is appropriate only when the defendant is merely anend user. In doing so, it acknowledged a circuit split regarding the buyer-seller rule. This circuit split raises two main issues: 1. Whether the buyer-seller rule (that a mere agreement to buy and sell is insufficient to establish a drug conspiracy) applies to all participants — not just the end-users. | 2. Whether defendants charged with a drug conspiracy are entitled to a buyer-seller jury instruction when the evidence supports their theory of defense. i