Full opinion text
FLAUM, Circuit Judge. In 1988, law enforcement agents in Milwaukee began tracking the activities of a drug trafficking operation associated with a gang known as the Brothers of Struggle (BOS). Two years later, fifteen defendants were charged in a thirty-six count indictment with conspiring to possess and distribute cocaine, possessing and distributing cocaine, using a telephone to facilitate the distribution of cocaine, and using firearms in relation to a drug trafficking crime. A seven week trial followed, after which thirteen defendants were convicted of the conspiracy (count one) and the firearms charge (count thirty-five); most were also convicted of various lesser charges. In this appeal, the thirteen appellants challenge their convictions and sentences. I. During the investigation, Sterling Daniels emerged as the leader of the conspiracy, buying cocaine to supply several houses that operated as retail outlets for the “hypes”, i.e. drug addicts, in the local community. Michael Daniels, Sterling’s brother, acted as Sterling’s partner in some of the cocaine purchases and maintained his own drug house on Palmer Street. On New Year's Eve of 1989, Michael was shot in the legs and spent some time recuperating first in the hospital and then at Sterling’s house. Anthony Gray, who lived in Illinois, was a longtime associate of Sterling’s and contributed toward some major cocaine purchases. Bernard Goines worked with Sterling on some purchases, but mostly sold cocaine to customers Sterling directed to him. Anthony White and Jimmy Sloan began as partners running drug houses that were supplied with cocaine by Sterling, but after a falling out, they each maintained separate operations. Leonard Walker, Sterling’s nephew, sold cocaine, but more importantly bought guns and arranged for a house rental to benefit the conspiracy. Lloyd Daniels, Sterling’s brother, sold cocaine on occasion and provided transportation for Sterling and other conspirators. Debra Henry, an ex-girlfriend of Sterling’s, arranged for Sterling to buy cocaine from suppliers she knew. Ellen Jeanette Moreland coordinated kilogram quantity purchases of cocaine from Chicago for Sterling and other conspirators. Danny Eppenger and Timothy Taylor sold cocaine for Michael from the Palmer Street drug house. Kenneth Smith sold cocaine supplied by Sterling. The conspirators protected their drug houses by keeping weapons close at hand and also hidden throughout the house. Many guns were seized during searches and introduced at trial as evidence. In particular, police searches during 1988 and 1989 linked weapons purchased by Walker and others to houses identified at trial as being operated by White and Sloan. In March of 1989, Demetrius Lockett, one of Sterling’s partners (Ex. 1376 T), was shot to death. Christmas Davis, a former girlfriend of Sterling’s, testified that Sterling had directed her to Lockett, whom she also knew, when she asked where she could get some cocaine. She found Lockett in a public housing apartment with Sterling’s uncle. Lockett and the other two adults in the apartment were murdered shortly after she left. In the summer of 1989, Sterling took Johnny Holliman into his home and taught him the drug business, for which Holliman repaid him by propositioning Sterling’s live-in girlfriend and testifying against him at trial. Holliman initially answered the phone and watched the house while Sterling was out. Soon, however, Sterling had him delivering grocery bags full of cash to his suppliers. Holliman met Moreland through Sterling, when Moreland began supplying kilograms of cocaine to Sterling from her contacts in Chicago. After the arrest of one of Moreland’s couriers, she engaged Hynes Dedrick to make the Milwaukee-Chieago run. He made several, which he testified about at the trial. Meanwhile, Holliman learned from Sterling how to cut cocaine (Tr. 1566) and travelled to the Palmer Street drug house to perform this service several times. Tr. 1567-81. Holliman also got cocaine to be cut from Goines. Tr. 1577. After Lexandria Spinks, Sterling’s girlfriend who was acquitted of all charges by the jury, told Sterling that Holliman had propositioned her, Holliman moved into the Palmer Street house and worked for Michael. Moreland became less reliable as a source in the late summer of 1989. She received thousands of dollars in cash from Sterling, which she used to buy over two kilograms of cocaine according to the arrangement. Much to Sterling and Michael’s chagrin, Moreland never delivered the cocaine or returned their money. Sloan and Goines also suffered a late summer setback. They were arrested after the taxicab in which they were riding was pulled over by the police who found ten bags of cocaine under the seat and three thousand dollars in cash on Goines. On November 1, 1989, Sterling drove with Goines and Spinks to Kankakee, Illinois. Sterling and Spinks went to Gray’s house where Spinks observed Sterling and another man cutting up a kilogram of cocaine. Later Spinks accepted Gray’s offer to use his Cadillac, which she drove back to Chicago. Once there, she received instructions from Sterling that someone would be picking up the car and that there was cocaine in the trunk. Police stopped Spinks as she approached the car and, after she consented to a search, they found over a kilogram of cocaine in the trunk. Kenneth Durrah made two purchases in the spring of 1989 on behalf of the DEA from unindicted coconspirators. The houses from which he made the purchases were subsequently linked to White. In January of 1990, Durrah contacted Sterling who put him in touch with Goines to buy cocaine. The subsequent sales were orchestrated by the police. Goines’ house was searched in mid January. Police found some cutting agent and drug paraphernalia, but not the three ounces of cocaine hidden in the rain gutter. Walker drove Holliman to Goines’ house to retrieve the drugs. The proceeds from those three ounces, part of which was sold from the Palmer Street house, went to Sterling and Goines. On January 12, the police raided the Palmer Street house where they found Eppenger hiding a scale and Taylor concealing a loaded weapon; the subsequent search turned up cocaine, cutting agent, and the phone numbers of various coconspirators. Meanwhile Sterling was arranging to buy six ounces of cocaine from Henry. He and Gray drove to Lloyd’s girlfriend’s house. Lloyd drove them in his car to Henry’s apartment. After Sterling left the car and entered the house, Lloyd and Gray were arrested. As Sterling exited the building, he was also arrested and was found to be carrying six ounces of cocaine and over two thousand dollars in cash. Sterling's arrest caused considerable uproar among his coconspirators, especially concerning the possibility of an informant, much of which was recorded over the telephone. All of the defendants except Goines were arrested within approximately twenty-four hours or so of February 15, 1990, the day after the thirty-six count indictment was returned by the grand jury. Goines eluded the police until April of 1990, when they found him in possession of two loaded weapons and a copy of the indictment. II. In a joint brief, all appellants challenge the sufficiency of evidence supporting their convictions of the conspiracy and firearms counts, and the jury instructions relating to those counts. They also argue that the trial court abused its discretion in eviden-tiary rulings permitting the admission of over fifty firearms and testimony about the murder of Demetrius Lockett and other acts of violence not directly tied to any defendant. A. Conspiracy “[A] defendant has a heavy burden in challenging the sufficiency of the evidence with regard to his participation in a conspiracy.” United States v. Gutierrez, 978 F.2d 1463, 1468 (7th Cir.1992) (citation omitted). We review the evidence and all the reasonable inferences that can be drawn from the evidence in the light most favorable to the government. Id. “If any rational jury could have found the defendant guilty beyond a reasonable doubt, the conviction will be affirmed.” United States v. Curry, 977 F.2d 1042, 1053 (7th Cir.1992) (citation omitted). Our review is not limited to direct evidence; “circumstantial evidence may be used to demonstrate both a conspiracy and the defendant’s participation in the conspiracy.” Gutierrez, 978 F.2d at 1468 (citing United States v. Diaz, 876 F.2d 1344, 1352 (7th Cir.1989)); accord United States v. Badger, 983 F.2d 1443, 1449 (7th Cir.1993); United States v. Durrive, 902 F.2d 1221, 1225 (7th Cir.1990) (circumstantial evidence will be accepted “as support, even sole support, for a conviction”). “In conducting the review, ‘[w]e will not reweigh the evidence or judge the credibility of witnesses’ ”; that is the jury’s function. United States v. Campbell, 985 F.2d 341, 344 (7th Cir.1993) (quoting United States v. Van Wyhe, 965 F.2d 528, 531 (7th Cir.1992)). “[A] reviewing court, absent extraordinary circumstances, will defer to the jury’s credibility findings.” United States v. Troop, 890 F.2d 1393, 1397 (7th Cir.1989). The government must present “substantial evidence that [each] defendant was a conspirator.” Campbell, 985 F.2d at 345. As with many drug conspiracies, the structure among the defendant drug dealers defies a simple and straightforward description. As we have said before, “by their very nature, drug conspiracies are loosely-knit ensembles.” United States v. Townsend, 924 F.2d 1385, 1391 (7th Cir.1991). This, however, does not mean that the government can meet its burden by proving mere knowledge, association, or presence, see Direct Sales Co. v. United States, 319 U.S. 703, 713, 63 S.Ct. 1265, 1270, 87 L.Ed. 1674 (1943); United States v. Troop, 890 F.2d at 1397 (7th Cir.1989), or a simple buyer-seller relationship. Townsend, 924 F.2d at 1394. The government must prove that each defendant knew of the agreement and intended to join it. Townsend, 924 F.2d at 1390. Sterling’s penchant for talking on the telephone aided the investigators who used a wiretap to piece together the rather sprawling network of associate drug dealers. In addition, DEA agents convinced Kenneth Durrah to infiltrate the conspiracy by purchasing cocaine for them. After the indictment, Johnny Holliman entered into a plea agreement and testified against the others at trial. Four other informants testified at trial: Hynes Dedrick, a sometime courier for Moreland, Sterling and Michael; Ricky Ray Coleman, who “worked the door,” i.e. sold small quantities of cocaine to hypes in exchange for cash or guns, at Sloan’s house; Richard Pounds, who worked the door for Sloan, White, and Michael; and Christmas Davis, who observed the workings of the conspiracy as the girlfriend of first White and then Sterling and as a customer/drug user. The appellants base their challenges to the conspiracy conviction on the variance between the conspiracy alleged and the proof at trial. The importance of the distinction, discussed at greater length in Townsend, concerns the admissibility of alleged coconspirator statements, the spillover prejudice from a joint trial, and the liability for the substantive crimes of the entire conspiracy. See Townsend, 924 F.2d at 1388-89. Some defendants argue that, while the evidence may show that they conspired with others to distribute cocaine, they did not join the conspiracy described by the government and they were prejudiced by the joint trial. See Townsend, 924 F.2d at 1390 (“[T]o overturn a conspiracy conviction on the ground of variance, an appellant must show both that he did not conspire with each defendant and that he was prejudiced by being tried with defendants who were not his coconspirators.”) (citing Fed.R.Crim.P. 52(a) (“Any variance ... which does not affect substantial rights shall be disregarded.”)). Most of the defendants cite the overwhelming evidence of drug trafficking and the number of guns seized as prejudicial to a rational determination by the jury that each defendant conspired to sell drugs with every other defendant. In addition, some argue that their relatively minor involvement makes their trial with the ringleaders prejudicial to their right to a fair trial. The level of participation is one factor to be considered in determining the possibility and degree of prejudice suffered by defendants who entered smaller, separate conspiracies. The government, however, may prosecute coconspirators of every level together, from the street dealer to those who run the show. Coconspirators do not have to have contact with, or even know, all of the other conspirators. In addition, they “need not be aware of all the details of the conspiracy in order to be a co-conspirator.” United States v. Marshall, 985 F.2d 901, 905 (7th Cir.1993) (citation omitted). The crime of conspiracy focuses on agreements, not membership in groups. Townsend, 924 F.2d at 1389 (“[T]he government doesn’t have to prove with whom a defendant conspired; it need only prove that the defendant joined the agreement alleged, not the group.”). “[T]he liability of members of the distribution chain is predicated upon the notion that participants at different levels in the chain know that the success of those at each level hinges upon the success of the others and therefore cooperate for their mutual benefit.” Id. at 1391. Minor members of a conspiracy run the risk of prosecution for every crime committed in furtherance of the conspiracy, even crimes in which they did not directly participate. As long as the crimes were within the scope of the conspiracy they joined, they will be held liable. This rule is fair because every member of the conspiracy benefits from the contribution of the others. The efficiency of a conspiracy lies partly in the cooperation of individuals completing different tasks, and it is the efficiency that makes the crime easier to commit and more likely to succeed. On the other hand, a defendant may show that his rights were prejudiced if he is included in a lengthy complex trial of drug dealers with whom he did not conspire. In this case, the government presented the evidence of several informants and many hours of wiretapped phone conversations. Several appellants discuss arrangements to buy and sell cocaine and the whereabouts of various firearms in recorded phone conversations. In the face of this overwhelming evidence of drug trafficking, a few defendants were barely mentioned by the informants and in some cases the government presented relatively little evidence of their involvement. The danger that a jury might convict everyone whose name is associated with the core band of conspirators existed, although this jury acquitted one defendant of all charges and several other defendants of lesser charges. Especially for those appellants who did not make statements, taped or otherwise, that establish their involvement, the problems of spillover prejudice and otherwise inadmissible testimony present significant issues. To determine that the evidence was sufficient to support the conspiracy convictions in this case, we must find that substantial evidence supports the jury’s verdict that each appellant conspired with every other appellant in a single conspiracy, or that each appellant joined a conspiracy to distribute cocaine and the joint trial did not affect any defendant’s substantial rights. 1. Bernard “B.” Goines Only a sampling of the evidence offered against Goines is needed to show his participation in the drug conspiracy. Wiretapped phone conversations between Sterling and Bernard Goines establish Goines’ agreement to sell cocaine in a partnership with Sterling. For example, in several conversations they talked about customers Sterling has directed, or will direct, to Goines: Sterling: Did those people get in touch with you early? Goines: Who? Sterling: Them two that called me. Kenny, ... Goines: Oh yeah. Sterling: And a Coleman, Colby. Sterling: They calling for the one five o right? Goines: _ No, he got a half. Sterling: Oh, Colby? Goines: No. One twenty five. Sterling: That’s all he bought? Goines: Yeah. Ex. 1224 T. And the next day: Sterling: I got somebody here that wants three. Goines: Whole ones? Sterling: Yeah. Goines: Where he at? Sterling: He right here. Sterling: Okay, well call Kenny, and where you want, what neighborhood you want him to come in? Goines: A, shit. Might as well tell him to come over here too. Ex. 1252 T. Goines also conspired with Johnny Holliman and the others working at the Palmer Street house. For example, after Sterling talked to Holliman (their conversation suggested that they both considered the cocaine that Goines possessed to belong to all of them), he called Goines to get some of the cocaine over to the Palmer Street house: Goines: .... I had got rid of one, right? Sterling: Yeah. Goines: But I still got three other, let you get three man.... Sterling: Yeah, cause I ain’t got nothing man.... Sterling: .... How do them three look, they good? Goines: You talking about does it have some strength or something? Sterling: ■ Yeah. Goines: It still got a smell. Sterling: Oh, well then, why don't you let Johnny take care of that man? Goines: You wanna come and get it? Sterling: No. Goines: Oh, you want Johnny to get it? Sterling: Yeah. Ex. 1404 T. The following conversation confirms that the Goines/Sterling conspiracy extended to Michael and those who worked for him: Goines: .... We got like, you know how much we got altogether? Sterling: How much? Goines: About almost seven. Sterling: .... Over Chicken now? Goines: _ Yeah. Ex. 1028 T. Goines and Sterling considered the total to include what Goines had and what was at the Palmer Street house. Later, when Goines spoke to Spinks about the likelihood that Sterling had cocaine on him when he was arrested in connection with the six ounce deal, he implicated himself in the conspiracy with Sterling, Henry, and Gray: Goines: Yeah. He had it on him. Spinks: How you know? Goines: Cause that’s how we did it last time. Ex. 1330 T. He also knew that Sterling had paid Henry the day before. (“He didn’t have no ends. What ends? He gave her the ends yesterday.”). When Goines’ house was searched, the police found cutting agent and plastic bags. Later he told Sterling about three ounces of cocaine hidden in the rain gutter; Holli-man testified that he retrieved that cocaine and gave two ounces of it back to Goines. Tr. 1631-34. In addition, the government offered the testimony of Durrah who bought cocaine from Goines on two occasions in 1989, after being fixed up with him through Sterling. On January 4, 1990, Durrah engaged in a controlled buy from Goines, and the police took the money from Goines. He called Sterling to complain. Ex. 1054 T. He and Sterling planned to meet later that night and they both decided to bring their guns with them. Ex. 1056 T. Although Goines was widely thought to have turned informant by early 1990, see, e.g. Ex. 1374-76 T (Sterling and Goines discussed their suspicions about each other, related to their recent arrests); Ex. 1404 T (Sterling was still suspicious of Goines, as were Michael and Gray), he clearly participated in the wide-ranging conspiracy until, and even continuing after, that point. 2. Ellen Jeanette Moreland Johnny Holliman and Hynes Dedrick both testified about Moreland’s agreement with Sterling to purchase kilograms of cocaine. Holliman testified that Sterling introduced him to Moreland in 1989. Tr. 1552. He testified that on three or four occasions Moreland picked up bags of cash from Sterling at his house, in order to buy kilograms of cocaine in Chicago. Tr. 1555. First Jeff McGee and then, after McGee’s arrest, Hynes Dedrick made the Chicago to Milwaukee cocaine runs for Moreland and Sterling. Tr. 1556-61. Also he testified about Moreland’s request for more money on one occasion and that he delivered an extra three thousand dollars to her. Tr. 1582-83. Sterling told Holliman that Moreland was supposed to use the money to buy two kilograms but she gave the cocaine to someone else. Tr. 1584. Hynes Dedrick testified that in 1987 he began selling cocaine which Moreland “fronted,” i.e. gave to him on credit. Tr. 964. He picked up about three and a half grams, known as an eightball, of cocaine and, after selling it, he paid Moreland approximately two hundred dollars. About six months into the arrangement, he began getting half kilogram quantities to sell. Tr. 967. In the spring of 1989, Moreland and Jeff McGee began buying cocaine from Moreland’s source in Chicago for Sterling. Tr. 976. That summer, after McGee was arrested, Moreland asked Dedrick to make the Chicago to Milwaukee run. When De-drick returned from Chicago, he contacted Sterling at a number supplied to him by Moreland. Tr. 982. He delivered three kilograms to Sterling. A few days later, Moreland paged Dedrick to set up another deal. Tr. 989. He picked up about forty-seven thousand dollars in a brown paper bag from Sterling’s house, took it to Chicago, and bought two and one half kilograms of cocaine. Tr. 991. Moreland contacted him about a possible problem with the cocaine, and he met Sterling at her house to discuss it. The cocaine had been recut; although Dedrick claimed not to have done it, he did not get paid for this run. Tr. 994-95. On the third run, Dedrick picked up twenty thousand dollars from an unindicted coconspirator and nineteen from Sterling. Again, Dedrick bought two and one half kilograms of cocaine in Chicago and brought it back to Sterling who recut it. At Sterling’s direction, De-drick took a package of four ounces for Moreland. Tr. 999. On the fourth and last time, in August of 1989, Dedrick picked up about thirty-seven thousand dollars from Sterling, bought two and one half kilograms in Chicago, and delivered it to Sterling. This time, Sterling fronted him three ounces, which Dedrick cut into five. Tr. 1003. He sold two before he was arrested for possession. When he asked Sterling to put up his bail money, Sterling told him he could not afford to because two kilograms which he had purchased had been taken from Moreland. Tr. 1005. In January of 1990, Dedrick talked to Sterling who told him that Moreland still was trying to repay him for the two kilograms. Tr. 1008. Moreland’s own statements during wiretapped phone calls reveal her conspiracy with Michael and Sterling. For example, she argues with Michael about his participation in a deal that resulted in a loss: Moreland: .... Well, that day I got that money from Sterling. You ... was nowhere around. Michael: I brought my money over here.... Ex. 1342 T. She and Michael argued several times about the lost two kilograms, but she maintained a relatively peaceful relationship with Sterling and called on January 5, 1990 to see how Michael was doing and to see if Sterling had any luck retrieving the missing cocaine. Ex. 1072 T. The evidence against Moreland comes almost entirely from the incriminating testimony of the informants. These in-court statements, subjected to intense cross examination by her lawyer, present no hearsay problem. Moreover, the district judge instructed the jury to consider the testimony of informants “with caution and great care.” Tr. 5507-08. A jury must make credibility decisions after hearing the testimony of witnesses; this jury clearly believed the informants, whose story was backed up by several wiretapped phone calls which reference the botched two kilogram deal. The evidence shows that, despite the trouble she faced after losing thousands of dollars of cocaine, she did not try to get away from the conspiracy. She continued to call Sterling and tried to make amends for the missing cocaine. Moreland played a crucial role in the conspiracy to distribute cocaine, by supplying kilogram quantities from Chicago sources to Milwaukee. Strong evidence supports her cocaine distribution conspiracy with Sterling, Michael, Dedrick, McGee, and her Chicago suppliers. Even if the evidence did not support her participation in the broader conspiracy alleged in the indictment, Moreland suffered no prejudice from the joint trial. The evidence against her consisted mostly of informant testimony which she had the opportunity to challenge. As a major supplier of cocaine, she was directly responsible for a large portion of the total amount in the conspiracy. In addition, Dedrick testified that he carried a gun on at least one trip to collect the cocaine in Chicago. The use of weapons in a conspiracy to distribute drugs, especially at the actual transfer of cash and cocaine for which she was present at least twice, was reasonably foreseeable to her. Therefore, we will not reverse her conviction of count one. 3. Sterling “Turk”, “S” Daniels The record is replete with evidence of Sterling’s drug trafficking activities. The only real question is whether the evidence supported his conviction of this conspiracy with each of these defendants or only a smaller or different drug trafficking conspiracy. Sterling makes much of the fact that the government did not prove that he was the head of the BOS. Every government informant testified that Sterling was not in the BOS. The trial judge stated, at Sterling’s sentencing, that the government had not proven that he headed the BOS. This, however, is not dispositive of the issue. Sterling can be convicted of conspiring to possess and distribute cocaine with each of these defendants without running the BOS. The BOS is not even mentioned in count one of the indictment. The evidence directly links Sterling with every other appellant in the agreement to distribute drugs. In fact, strong evidence suggests that Sterling conspired with many other drug dealers who were not indicted in this case. Sterling held the key position in the conspiracy, working with suppliers and distributors, staying in touch with everyone and working out problems as they arose. Sterling directed customers to Goines (e.g. Tr. Durrah Excerpt 22) and to the Palmer Street house. Tr. 1617. Holliman testified that a woman delivered guns to Sterling’s house, which Holliman put in Sterling’s bedroom. Tr. 1640. By talking almost incessantly on the telephone, Sterling exercised a kind of loose control over the conspiracy; he knew what was going on, who had what, who owed him money, who had been arrested and why. See, e.g. Ex. 1310 T (Sterling knew that Chicken’s house, i.e. the Palmer Street house, had been raided, that there was no cocaine in the house (“They clean.”) and that there were guns in the house (“They got some missiles in there.”); Ex. 1190 T (Sterling talked about guns being seized from AD’s house, Toucan’s house and Marshall’s house, and the police linking them to AD, Goines, and Sloan). He worried about the future of the conspiracy, about informants, and about his safety. See, e.g. Ex. 1024 T (Sterling lamented, “And then Chicken, Tony Wrong, and Junebug and AD [are in danger of being, or have already been, arrested]. And them all the key names in the posse so the rest of them be broke. So they can’t go. So all the chiefs is gone_ AD, when AD go, his posse won’t come in no more. Junebug go, his posse won’t come. Chicken go, his posse will be broke.”); Ex. 1028 T (Sterling tells Goines that AD is bringing him his “missile” after they discuss Chicken getting shot). He complained about mistakes by coconspirators but also tried to keep everyone content. See, e.g. Ex. 1068 T (Sterling was angry with More-land for being in debt to him for two kilograms; he held her responsible since he gave her the money and she was the one who was supposed to go and get the cocaine); Ex. 1422 T (Sterling told Gray that he will get him some money soon to make up for Gray’s part in the kilogram seized from Spinks by the police). Sterling seemed well aware of the encroaching police presence during January of 1990. On a number of occasions, he told a caller that his phone was wiretapped. While he continued to set up cocaine deals, he blamed the increasing police interest on the number of weapons seized. For instance, Sterling and Goines discussed the guns at White’s house: Sterling: The reason the Feds is sweating everybody is because, them guns, you know what I’m talking about? Goines: Yeah. Sterling: They sweating everybody because them guns, them guns, that ah, them guns that ah, was at AD and them’s house. Goines: Yeah. Sterling: You know what I’m talking about? Gomes: Yeah. Ex. 1376 T. Sterling emerged as the head of the drug trafficking conspiracy during the investigation and during the trial. The evidence of his involvement at every level is overwhelming. 4. Kenneth “Mookie”, “Little Mook" Smith The evidence against Kenneth Smith consisted mostly of Hynes Dedrick’s testimony that he gave Smith four ounces of cocaine and that Smith was in debt to Sterling. Dedrick testified in detail about the first occasion on which he purchased three kilograms of cocaine at the direction of Moreland and Sterling. Tr. 977-88. When he returned from Chicago to Milwaukee, he called Sterling to deliver.the cocaine. Tr. 982. He accompanied an unindicted coconspirator to a house on Fond du Lac where Sterling, Michael, and another person were waiting. Tr. 983. After he observed Sterling recut and repackage the cocaine, he delivered some of the packages at Sterling’s request (Tr. 985-86), including a package to Smith. The package was “only four ounces” because Smith “was in debt.” Tr. 986. He received about two thousand dollars from Smith which he delivered to Sterling. Tr. 987. On cross examination, Dedrick testified that Smith had called Sterling at the house while Sterling was recutting the cocaine, which prompted Sterling to set up the delivery down the street. Tr. 1178-79. That was Dedrick’s only knowledge of Smith purchasing cocaine. Tr. 1184-85. Richard Pounds testified that Smith came to a drug house door looking to buy an ounce, but Sloan was not there and Smith could not buy any cocaine. Tr. Pounds Excerpt 19. Later Pounds beat up Smith, over a dispute with Sloan, and stole some necklaces and rings from him. Tr. P. 230. Durrah testified that Smith came to a drug house, smoked some cocaine with Durrah and his cousin, and sold some to his cousin. Tr. Durrah Excerpt 38, 121-24. Johnny Holliman testified that Smith called Sterling’s house and he gave Smith the number of the house on Fond du Lac, leading to the single Dedrick delivery. Tr. 1563. The government produced evidence that during the Palmer Street house search on January 12, 1990, police found a slip of paper bearing the name Mookie and a phone number. Sterling gave the same number to someone as Smith’s number. Ex. 1022 T. Smith’s voice does not appear in any of the wiretapped conversations. The only other evidence concerning Smith consists of various conspirators discussing the possibility that he shot Michael or set Michael up somehow. See, e.g. Ex. 1144B T (Sterling told Sloan that he thinks “Little Mook” had something to do with “Chicken” getting shot); Ex. 1174 T (Sterling reiterated that Smith shot Michael). Because of this, other conversations concern retaliating against Smith. See, e.g. Ex. 1164 T (Sterling asked a friend to “smash” Smith both because he owes Sterling some money and because of his involvement with Michael’s shooting. At the time, the friend is in jail, as are Sloati and Smith.); Ex. 1260 T (Michael and another man discuss “smashing Little Mook”). The evidence cannot support Smith’s conviction of conspiracy. The essence of a conspiracy is agreement. Even giving all inferences to the government, no substantial evidence shows an agreement to distribute cocaine between Smith and anyone else. Rather, the evidence shows a mere buyer-seller relationship between Smith and Sterling. No one else sells cocaine to Smith; Smith sells cocaine only to a relative of an informant, a deal totally unrelated to the conspiracy alleged in this case. Smith failed in an attempt to buy cocaine from Sloan’s house — hardly the efficiency or cooperation associated with a conspiracy. No evidence of trust or any mutual benefit supports an inference of conspiracy from the simple sale of cocaine from Sterling to Smith. 5. Anthony “Illinois Tony”, “IT” Gray Gray implicates himself during wiretapped conversations with Sterling a number of times. For instance, he discussed the six ounce deal with Sterling, even while Sterling was clearing up the timing of it with Henry. Twice on January 12, 1990, Gray called Sterling to check on the progress of the deal: Gray: You get it? Sterling: Not yet. Gray: I fixed my car.... I got my car.... About damn, that’s, how long it’s gonna take? Sterling: It shouldn’t be too much longer. I just called there. Gray: The same dude gonna do it? Sterling: Yeah, I know he gonna do it.... Ex. 1300 T. The information about the car being fixed is important because Gray drove Sterling to meet Lloyd, who drove them both to Henry’s apartment that afternoon. Sterling later revealed, in a conversation with Goines, that the sole reason for switching cars was to evade detection by law enforcement officers. Ex. 1374-76 T. Gray: What up “S”? Sterling: Yeah, ah we still waiting. Gray: You didn’t talk to her? Sterling: Yeah, I talked to her. She went somewhere and paid some bills. Gray: How long? Sterling: It shouldn’t be too much longer. Gray: God damn. I’m ready to go, man. Ex. 1308 T. A few minutes later, as Sterling talks to Henry, he says, “What cha callit working with me. IT.” Henry responds, “I know.” Ex. 1314 T. While Sterling and Henry completed the transfer, Gray was arrested with Lloyd outside Henry’s apartment. In addition, Gray is linked to another cocaine purchase by Spinks’ testimony. Spinks saw Sterling cutting up cocaine which had been delivered to Gray’s house. She testified that Gray offered her his car to drive back to Chicago (Tr. 4569) and that she later learned from Sterling that the cocaine was in the trunk. Tr. 4576. The kilogram of cocaine that belonged to Sterling and Gray was seized by the police in Chicago during the search of the car. After Gray found out that Spinks gave a statement to the police, he called Sterling, complaining that throughout their conspiracy together there had been chronic problems. Ex. 1422 T (“And every time I come down there, man, look how much money I done lost, I’ve lost everything “S”, coming up there with you man. God damn, everything, every time I, for the last, every time I fuck around, and do something big, I get fucked man, don’t get nothing.... I have to come right back here broke_”). This exclamation followed his specific complaint about Spinks’ statement which implicated both Gray and Sterling in the Kankakee deal. Sterling tried to placate Gray by telling him that when Sterling collected some money from people who owed him, he would give some to Gray. Gray’s own statements during this phone call show his financial interest in that seized cocaine. In a wiretapped phone conversation on January 18, 1990, Gray reveals the longstanding nature of his drug dealing relationship with Sterling. They discussed the old days, with Gray reminiscing that things ran more smoothly when Sterling exerted greater control over the conspiracy: Gray: ... When you was you, you know, years ago, when you was handling it and taking care of things, things was perfect man. A motherfucker could just about count on you. Other niggers came in with their ideas and they plan, and they shifted a lot of shit, you know what I’m saying? They just weakened everything. Sterling: Well, ... the whole, that’s all they talked to me about was, gun, you know what I mean? Gray: Yeah_ All that shit was unnecessary, that was brought down by niggers from the penitentiary. Sterling: Yeah. Gray: Cause I remember ... the first time, when I came up here and I seen all them niggers. Sterling: Yeah. Gray: You know, toting and carrying. I said, “What the fuck is this?” Sterling: Yeah. Gray: .... It wasn’t nothing like this before. Ex. 1424 T. By his own words, Gray conspired to distribute cocaine with Sterling for years. He contributed toward the purchase of the kilogram from Kankakee and the six ounces from Henry. Gray occasionally complained about the retail distributors and about the way Sterling let himself be pushed around by Michael, Spinks, and Goines. Still, the government does not have to prove fondness among eoconspira-tors. Substantial evidence supports Gray’s conviction of count one. 6. Lloyd “D. ” Daniels Evidence of Lloyd’s involvement with the conspiracy came mostly from Durrah’s testimony and the phone calls between Lloyd and his brother Sterling. Twice he spoke to Sterling regarding transportation to Henry’s house .to buy six ounces: Lloyd: You ready? This D. Sterling: Not yet. Sterling: .... I went by there, he had a, 600, but I have to get it down for her, you know, she wanted that for on top. Lloyd: Okay. So ah, ah, it’s going to be today though right? Sterling: Yeah. Lloyd: Okay, I’ll call you back, 2-3 hours? Sterling: Yeah, about 2 or 3, as soon as he, I got a few other things now. Lloyd: Okay.... Ex. 1188 T. Sterling: You going to be on point waiting? Lloyd: Huh? Sterling: You going to be, you going to be ready to move when I call? Lloyd: Yeah. Sterling: Okay, that’s all I wanted to know. Lloyd: Okay, I’ll be ready when you call. Sterling: Okay, it could happen any minute. It might happen in five minutes, it might happen in an hour. Lloyd: Okay, whatever. Ex. 1296 T. That was the morning of January 12, the day of the Henry deal. Sterling showed up with Gray in Gray’s car, whereupon Lloyd drove them both to Henry’s. After Sterling’s arrest, Lloyd spoke to Spinks about the fact that Sterling was “dirty,” i.e. carrying cocaine. Ex. 1326 T. The jury quite reasonably rejected Lloyd’s testimony that he thought Sterling was arranging a ride over to Henry’s house in order to have sex with her. Another time, Sterling directed Lloyd to help him safeguard Goines’ house: Sterling: No, hey, “D”, run over here right quick, cause I gotta make run, I gotta bring somebody in the house over there, the police were in the house. Lloyd: Over where? Sterling: Over at Bernard’s house. Lloyd: Okay. Sterling: I want to bring somebody over there, cause, you know, them hypes going to go in there, try to take something. Lloyd: _ Okay, I’ll be there. Ex. 1274 T. Sterling and Lloyd discussed some details of the drug conspiracy, like the money dispute among Sterling, Michael, and Goines that developed in January of 1990. Ex. 1402 T. In addition, Durrah testified that Lloyd sold an eight-ball of cocaine to him on three or four occasions in 1989. Tr. Durrah Excerpt 38-39, 78-79. Although Lloyd denied it (Tr. 4893), the jury was free to accept the version of either man, according to their determination of the witnesses’ credibility. On cross examination, Lloyd admitted that he told Sterling that he thought the informant among them was Goines. Tr. 4938. Besides the tapes and the government witness testimony, the jury had additional information to weigh in determining Lloyd’s guilt or innocence because he took the stand and tried to explain his presence outside Henry’s house and his phone calls to Sterling. The jury, who believed and acquitted Lexandria Spinks, who also testified, convicted Lloyd, finding that he knew of and agreed to the conspiracy to purchase and distribute cocaine. Substantial evidence supports their determination. 7. Anthony “A.D.” White White and Sloan were partners in drug trafficking at first and then maintained separate drug houses, according to the testimony of the informants. Tr. Pounds Excerpt 31, 36-38; Tr. Coleman Excerpt 8-9, 31-32. Pounds testified that White brought cocaine to the houses where he worked the door. Tr. P. 21. He testified that the cocaine was supplied through Sterling. Tr. P. 22-28. He further testified that in these drug houses, he saw handguns lying around, he knew White arranged for his sister to buy him a TEC-9, and that White carried a gun when he left the house. Tr. P. 49-51. Coleman testified that he bought a gun from one of the hypes and gave it to White. Tr. C. 27-28. White talked to Sterling after the police seizure of some guns: White: The Feds over at Toucan’s house asking about you, LA, me. Sterling: Oh, what’s at Toucan’s house? Is that where that missile was at? White: Yeah. Sterling: Is that where them missiles was at? White: Yeah. Sterling: All them big missiles? White: Yeah. Sterling: I told you they were going to be tracked back there. White: Yeah, they were asking him about where they came from. Ex. 1268 T. On January 11, White and Michael discussed the deal between Hynes and Goines which led to their arrests. Both suspected that Hynes set up Goines and talked about Hynes’ affiliation with Moreland who recently took money for two kilos and failed to deliver the cocaine. Ex. 1278 T. The jury clearly believed the testimony of the informants who claimed to have “worked the door” in drug houses run by White and Sloan. White’s own recorded words support their testimony regarding his involvement with weapons seized by the police and his affiliation with Sterling. 8. Leonard “L.A.” Walker Walker bought several guns for the conspiracy; some of those guns were recovered from drug houses run by other defendants. He also provided a security deposit for one of the drug houses. In addition, Walker is recorded getting advice from his uncle Sterling about how he can evade identification during a handwriting exemplar for the government. He called Sterling because he was worried about the police seizure of some weapons he purchased: Walker: .... You know that missile he got caught with? Sterling: Yeah. Walker: Yeah. They inquiring about that one and then remember that one I had got and then they said about some other ones that I had in, remember I bought? They asked our boy about it in “Chi.” Sterling: Yeah. Walker: .... And they told him that they gonna try to get in touch with me for questioning_ They talking 'bout filling out some forms so they can try to get an I ... um, signature. Sterling: Oh, signature?.... Oh well, you know how that goes. (Laughs) You know how that go. Sterling: They’ll try and question you. And I’d just tell them, “No, I don’t want to sign nothing.”_ It ain’t that serious right now.... Cause didn’t nobody get smoked with them. Walker: No, they’re talking about seven that ... I bought. Ex. 1046 T. A few minutes later Walker called back to clarify: Walker: It’s just the signature shit. They have the signature, that’s what it is. Sterling: So how can they tell you wrote the signature? Walker: They probably, you know, the experts and shit. Sterling: But you can write different, can’t you?.... Walker: I’ll just write with my other hand. Sterling: Yeah. (Laughs) You can write with both hands? Walker: I’m going to try. Ex. 1048 T. Later, Walker discussed the whereabouts of several guns with Sterling, telling him that the police had the guns that Walker arranged for Sterling to get and that Sterling gave to others. Ex. 1388 T. Pounds testified that, besides purchasing guns, L.A. carried a .38 handgun, which Pounds observed on two or three occasions. Tr. Pounds Excerpt 56-57. Walker called Spinks after Sterling was arrested to tell her that he had sent someone over to Sterling’s house. Ex. 1330 T. Spinks testified that shortly thereafter Walker and some friends of his came to Sterling’s house and removed a number of fur coats and leather coats, a watch, and pictures, including one of Sterling and Demetrius Lockett. Tr. 4697-99. This was in anticipation of a possible police raid on Sterling’s house as a follow up to his arrest. Not everyone in a drug trafficking conspiracy has to sell drugs. Walker provided a valuable service to the conspiracy; guns were almost as prevalent and as sought after as the cocaine. The jury heard substantial evidence of Walker’s misguided willingness to contribute in any way to his uncle's success in distributing cocaine. 9. Debra Henry Most of the evidence against Henry stems from the six ounce sale to Sterling. Over the course of several days in January, Henry and Sterling discussed the quality of the cocaine her unnamed supplier had delivered and how much she would be able to get, but they did not negotiate the price between them. Sterling: ... [S]o I’m going to catch “B” later on tonight and we going to do it like we say we going to do it. Henry: Okay. Sterling: Did you get a call from him yet? Henry: You see, it will be smooth too.... Ex. 1220 T. Additional evidence of their agreement comes from their speculation on future deals: Henry: Yeah, cause then I ... then that way I can shoot for eight, ... Sterling: Huh? Henry: I said next time I can shoot for eight, next time ten. Ex. 1160 T. They both wanted the best price from the supplier, but their partnership did not depend on the price: Sterling: .... If I go depends on what I get, I’ll pay you something on the bill. Henry: Yeah.... You see, he wants seven. Sterling: .... He wants seven, right? Henry: .... That ain’t bad though, is it? Sterling: No, it ain’t bad. Henry: I’m trying to get him down to six.... Ex. 1140 T. The only difficulty between them is their frustration with each other at being unable to coordinate the timing of the deal. Henry: Damn. This man sitting here waiting. Sterling: He’s still waiting? Henry: Yeah, he gone! Sterling: He gone? Henry: Ah huh, he said he wanted to bring that shit, but he said, if you ain’t got what you supposed to have. You had all day. You supposed to do that. Sterling: I know, I’m waiting to catch him. Henry: That’s fucked up. I told you he ain’t going to be running back and forth_ So he ready to get the money, bring the shit. Henry: Get your shit together. Sterling: Okay. Henry: I thought you had some of the money already. Sterling: .... [Wjhatchacallit is holding the end, “B”. Ex. 1272 T. Later that night, after Sterling met the supplier and dropped off some money, Henry called to tell him how well the meeting went: Henry: That motherfucker likes you, you know that. Sterling: He do? Henry: Yeah.... [H]e like you, he said he straight up, I said I told you, I said, he straight up.... Sterling: That was him? Henry: Yeah. Sterling: He looked different. Henry: No, that was.... Okay, he was in the other room. Sterling: Oh, oh, oh, okay. Henry: You know what I’m sayin.... You didn’t see him. Sterling: That was his buddy? Henry: Yes. Ex. 1288 T. The government presented substantial evidence of a cooperative relationship between Sterling and Henry, with no apparent negotiation of terms or opportunistic behavior. Henry knew that Sterling needed to gather money from several sources, including Goines and Gray, before he could buy the cocaine. On January 12, she called Sterling to say that she had it: Sterling: Okay, what, what, he just left? Henry: Yeah. Sterling: They hard though? Henry: Yeah, he said it’s great. Sterling: Okay, with just six. Okay, cause I told whatchacallit, ten. Henry: If I can get the other dude to ... then see if I can get the ten for you tomorrow. Sterling: No, I’ll come and get that now. Cause somebody waitin. I’m on my way. Ex. 1316 T. That afternoon, Sterling entered her apartment and exited in possession of six ounces of cocaine recovered during his arrest. The evidence supports the jury’s conclusion that this was not an arms length transaction or a mere buyer/seller relationship. Goines revealed a previous transaction in remarks to Spinks after Sterling’s arrest. Henry was enthusiastic about future deals and considered it a good sign that her supplier felt comfortable about Sterling. The only reason Henry did not remain a source of supply for the conspiracy was Sterling’s arrest and the indictment shortly afterward. 10. Timothy Taylor Taylor lived and worked in the Palmer Street house, Michael’s drug house. Tr. 1589-90, 1593. He sold cocaine from the Palmer Street house from November of 1989 to February of 1990 when he was arrested there. As a worker at this house, he conspired to sell cocaine with Michael, Eppenger, and Holliman. When the house was raided by police, he called Sterling’s house and talked to Goines. He described what happened, although Goines already knew or guessed most of it: Goines: What happened man? Taylor: Man, they ran up in there man. Goines: Who.... it was the Feds, wasn’t it? ... Taylor: Yeah. Goines: Who they was lookin for? Taylor: Well, they asked about ... “S”. Goines: Yeah. Taylor: Yeah. They didn’t ask about Chicken though.... Goines: Ah, they got that bullshit, didn’t they? Taylor: Yeah, they got that motherfucker, they got the bullshit. Ex. 1318 T. Next Taylor told Goines that they found a gun on him, to which Goines replied, “[T]he little one?” Taylor said yes and they discussed his luck in avoiding being held without bail. Then Goines put Sterling on the phone to discuss the raid with Taylor: Sterling: Hey, when they came in, they asked for me? Taylor: They did. Taylor: You know, and he said, I’m gonna make you a deal, you know, hey you know anybody named “Turk”? Sterling: Yeah. Taylor: I said, hell no, I don’t know anybody named Turk ... Sterling: Yeah. Ex. 1318 T. When Goines’ house was raided, Sterling called the Palmer Street house, reached Taylor, and they agreed that Taylor might go to Goines’ house to protect it from being ripped off by the hypes: Sterling: Hey Tim man, you know they slamming “B” in the “B” house man? Taylor: Yeah, I know. Sterling: I know it but ... I want to go there and, you know, I don’t want to talk on the phone, you know. Where you at? Taylor: At home. Sterling: Yeah, what you doing? Taylor: Not much. Sterling: Hey but I might a catch you man, if it’s down to an emergency to lay there too. Taylor: Alright. Sterling: Cause you ain’t got no warrants or nothing, ain’t you? To lay there, so nobody can come in there, okay? Taylor: Alright. Ex. 1276 T. Michael was recorded setting up a drug deal with Taylor: Michael: Little J on his way over there. Taylor: Alright. Michael: He want same thing, with it, the last he was short. Go on and give him a G extra, alright? Taylor: Alright. Ex. 1208 T. Substantial evidence supported Taylor’s conviction of conspiring to distribute cocaine. 11. Danny “Juice” Eppenger Holliman and Pounds both identified Eppenger as a worker at the Palmer Street house and a member of Michael’s posse. Tr. 1572, 1580, 1593; Tr. Pounds Excerpt 76. Eppenger lived at and sold cocaine from the Palmer Street house with Taylor and Holliman. Holliman testified that there were house guns at the Palmer Street house, used to “prevent trouble.” Tr. 1628-30. For instance, a revolver was under the couch and a .22 was on the window sill. In addition, Eppenger was arrested at the Palmer Street house during the police raid. Cocaine, cutting agent, and related paraphernalia were seized from the house. While Eppenger never incriminated himself in recorded telephone conversations, the government presented substantial evidence that he conspired to distribute cocaine. The jury accepted the testimony of the informants, supported by the direct evidence of his arrest during the raid. 12. Michael “Chicken” Daniels Michael arranged for Holliman, Eppenger, and Taylor to sell cocaine from the Palmer Street house. In January, Michael is taped twice setting up deals with Taylor, as discussed above. It was well known that the drug house on Palmer Street was Michael’s house. See, e.g., Tr. 1568. He contributed to kilogram quantity purchases arranged by Sterling, including, by his own words, the deal gone awry with Moreland. See, e.g., Ex. 1342 T. Hynes Dedrick’s testimony supports the inference that Michael was involved in the purchases from Chicago arranged by Moreland. Tr. 983. In December of 1989, Sterling put someone named Pete in touch with Michael in order to trade a nine millimeter Uzi for a quarter. In the same conversation, Michael told Sterling that he gave “D” two grams which Sterling promised to replace. Ex. 1000 T. The next day, Sterling told Michael that he gave “D” the money. Ex. 1002 T. Hynes Dedrick testified that, in January of 1990 while he was cooperating with the DEA, he met Sterling and Michael at Sterling’s house to set up a three ounce controlled buy from Goines. Tr. 1009. Michael had a gun under the pillow on which he was lying. Substantial evidence supports the jury’s verdict that Michael conspired to distribute cocaine. His close association with Sterling gave him access to every level of the distribution process, from the major purchases to the street level sales to hypes. 13. Jimmy “Junebug” Sloan Sloan operated several drug houses, first in a partnership with White and then on his own. Pounds testified that he worked the door at houses run by Sloan. Tr. Pounds Excerpt 18-19. He testified that Sloan brought the cocaine to the houses where he worked. Tr. P. 21. Coleman also testified that he sold cocaine for Sloan. Tr. Coleman Excerpt 7. He testified that the majority of the money paid by hypes to those working the door at the drug houses went to A.D. and Junebug. Tr. C. 45. Sterling supplied the cocaine sold in the houses. Tr. P. 22-28. Dedrick testified that he delivered half a kilogram of cocaine to Sloan, at Sterling’s direction. Tr. 987. Sloan enjoyed a close and trusted relationship with Sterling. They discussed Sterling's appreciation that he could count on Sloan. Ex. 1044 T (Sterling — “That’s one thing I can say about you, when you get your ends, you do me right.”). When Sloan talked to Sterling after being arrested on January 11, 1990, they talked about an arrangement which would allow Sloan to stay in the conspiracy: Sloan: Why don’t you give my girl some ends man, she can put ’em in my account man, until we can start getting that money back man. Sterling: Okay, what we gotta do, though, let’s wait ... cause I got just enough to, you know, cause IT gave me eight, right? Sloan: Yeah. Sloan: Man, I’m just going to go in here man, and call them shots from in there, in the jail spot man. Sterling: Yeah.... After whatchacallit make that move, now if you want me to work, you know what I mean? Sloan: Yeah. Sterling: .... You want me to work, I can handle it, you know what I mean? Sloan: Yeah, Regina. Sterling: Huh? Sloan: Yeah, through her.... Tell him to give you half of em, man, you know they got to give me about, about, about, about twenty-eight man. Sterling: But I’m talking about if you want me to work, I’ll work too, you know what I mean? Sloan: Yeah. Ex. 1268 T. The government presented substantial evidence that Sloan participated in the drug trafficking conspiracy. His own words bear witness to his conspiracy with Sterling; the informants supplied additional information about his management of drug houses. The jury’s verdict that each appellant conspired to distribute drugs is supported by substantial evidence, except in the case of Kenneth Smith. There is also exculpatory evidence in the record. For example, Sterling told Goines he did not know anything about any guns (Ex. 1376 T); Gray told Sterling that he never offered Spinks the Cadillac (Ex. 1422 T). It is the jury’s role to weigh the evidence and make credibility determinations. The government’s evidence, reviewed with deference to the jury’s findings, supports the conviction of twelve of the thirteen appellants of the count one conspiracy to distribute cocaine. Moreover, the evidence supports the existence of the one large conspiracy described in count one. Not every coconspirator must participate in, or even know the details of, every aspect of the conspiracy. It is enough for the government to prove that each knew of the agreement to distribute cocaine and joined that agreement. In this case, the jury could have reasonably inferred that the appellants knew their success in selling cocaine depended on the success of the other coconspirators. For example, Henry knew that cocaine sales to Sterling depended on the cooperation of his capital-funding partners; Taylor knew that Sterling supplied the cocaine and Michael supplied some customers to the house where he worked. Between the wiretapped conversations and the government witness testimony, the jury had ample evidence of prolonged cooperation and a common purpose among the twelve appellants. The appellants argue that the jury instructions on conspiracy were erroneous because the district court omitted from the proffered instruction the statement that only the words and acts of the particular defendant may be used to determine whether he joined the conspiracy. Instead the court instructed the jury, in part, that “[t]he government must prove beyond a reasonable doubt ... that the defendant was aware of the common purpose and was a willing participant.” Tr. 5537-38. The defendants raised the issue of the conspiracy instruction’s adequacy in a timely manner and submitted alternative instructions to the trial court. Tr. 5433-43. The district court chose not to give the suggested instruction from United States v. Martinez de Ortiz, 907 F.2d 629, 635 (7th Cir.1990) (en banc), cert. denied, 498 U.S. 1029, 111 S.Ct. 684, 112 L.Ed.2d 676 (1991). In that case, we stated our position on the proper use of coconspirator statements and the confusing effect of a pattern instruction which restricts the jury’s consideration to the acts and statements of a particular defendant. Id. at 633-35. “As a matter of substantive law, membership in a conspiracy depends on the accused’s own acts and words.” United States v. Torres, 965 F.2d 303, 308 (7th Cir.), cert. denied, — U.S. -, 113 S.Ct. 237, 121 L.Ed.2d 172 (1992). Coconspirator statements determined to be admissible by the trial judge may be considered by the jury to decide “what the defendant did and said, or to help ... understand the defendant’s acts and words.” de Ortiz, 907 F.2d at 635. In addition, after a jury’s determination that a defendant did join the conspiracy, the coconspirator statements may be considered “to decide any remaining questions.” United States v. Nichols, 910 F.2d 419, 421 (7th Cir.1990). The issue of excluding the “only the acts and statements” phrase from conspiracy jury instructions has been considered several times by this court since de Ortiz. While we have approved a district court’s rejection of the former pattern instruction found inadequate by de Ortiz (see United States v. Rossy, 953 F.2d 321, 323 (7th Cir.), cert. denied, — U.S. -, 112 S.Ct. 1240, 117 L.Ed.2d 473 (1992); United States v. Nichols, 910 F.2d 419, 421 (7th Cir.1990)), we have also expressed concern that trial judges provide sufficient guidance to the jury on this complex aspect of conspiracy law. See United States v. Collins, 966 F.2d 1214, 1224 (7th Cir.1992); United States v. Martinez de Ortiz, 907 F.2d at 635 (7th Cir.1990) (“A judge ought to help the jury understand the difference between the use of the evidence to decide whether the accused joined and the conditional relevance of the evidence for other purposes.”). In this case, the government offered in its proposed instructions the paragraph from de Ortiz. Tr. 5436. The district court certainly did not have to accept this suggested explanation of the use of coconspirator statements. United States v. Collins, 966 F.2d 1214, 1224 (7th Cir.1992) (“[T]he precise wording of jury instructions is a matter left to the discretion of the district court.”) The conspiracy instructions given, however, did not provide specific guidance on the important legal principle at stake. “A court of review should ‘proceed cautiously when asked to set aside a jury’s verdict ... on the ground that the instructions contained erroneous or confusing passages.’ ” Timmerman v. Modern Industries, Inc., 960 F.2d 692, 696 (7th Cir.1992) (citations omitted). We review the instructions in their entirety, not in isolation, and we will not find reversible error absent prejudicial effec