this witness explicitly denied the agreement’s existence, we hold that no rational jury could have found that the agreement to distribute had been proved beyond a reasonable doubt. Therefore, the Government presented insufficient evidence of the existence of the conspiracy it alleges Castro-Avalos facilitated, and we REVERSE his § 843(b) convictions. * This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3. 1 . Even if the Government had argued that Castro-Avalos facilitated Ruiz-Castro’s wider conspiracy to distribute, its evidence is insufficient to prove that he "knowingly or intentionally facilitated” that conspiracy. See United States v. Martin, 599 F.2d 880, 888-89 (9th Cir.1979) (<HOLDING>), overruled on other grounds by United States
holding that an agreement on the one side to sell and on the other to buy does not constitute a conspiracy even if the buyer intends to resell the drugs so long as the buyer and seller do not have an agreement to further distribute the drugs holding the large quantity of drugs sufficient evidence of intent to distribute holding that the sale of drugs in small quantities is inadequate without additional evidence to support a finding of conspiracy to distribute drugs to others because the seller could reasonably believe that such purchases are intended for the buyers personal use holding that a state is not a person within the meaning of  1983 holding that purchase of drugs alone does not constitute facilitation of a conspiracy to distribute within the meaning of  843b