213 F.3d 1269 (10th Cir. 2000), 98-6487, United States v. Jackson

Docket Nº:98-6487 & 99-6090
Citation:213 F.3d 1269
Party Name:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. IRIS COLLETTE JACKSON; DWIGHT DEAN JACKSON, Defendants-Appellants.
Case Date:June 02, 2000
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit
 
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213 F.3d 1269 (10th Cir. 2000)

UNITED STATES OF AMERICA, Plaintiff-Appellee,

v.

IRIS COLLETTE JACKSON; DWIGHT DEAN JACKSON, Defendants-Appellants.

Nos. 98-6487 & 99-6090

United States Court of Appeals, Tenth Circuit

June 2, 2000

Appeal from the United States District Court for the Western District of Oklahoma (D.C. No. 98-CR-94-T)

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M. Jay Farber (Patrick M. Ryan, United States Attorney, with him on the briefs; Sue Tuck Richmond, Assistant United States Attorney, with him on the brief in Case No. 98-6487; Joe Heaton, Assistant United States Attorney, with him on the brief in Case No. 99-6090), Assistant United States Attorney, Oklahoma, for Plaintiff-Appellee.

Joseph L. Wells, Oklahoma City, Oklahoma, for Defendant-Appellant Iris Collette Jackson.

William P. Earley, Assistant Federal Public Defender, Oklahoma City, Oklahoma, for Defendant-Appellant Dwight Dean Jackson.

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Before BALDOCK, McKAY and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

Iris Collette Jackson and Dwight Dean Jackson appeal their convictions arising from a crack cocaine distribution endeavor based in Elk City, Oklahoma. Ms. Jackson raises six issues on appeal and Mr. Jackson raises three. After a thorough study of their arguments on appeal, we determine none have merit, and affirm.

I. Background

Local and federal law enforcement officials began investigating the distribution of crack cocaine in Elk City in 1997. As part of this investigation, agents of the Federal Bureau of Investigation (FBI) and the Elk City Police Department decided to set up video surveillance at two residences they suspected were at the center of a crack distribution system. Agents had identified numerous individuals and two dominant organizations ­ the Wilson and the Jackson organizations ­ as being responsible for approximately ninety-five percent of the sale, transportation and distribution of crack cocaine in the Elk City area. The agents suspected the two organizations had loose ties to one another and utilized the same local individuals to distribute the crack cocaine. The FBI installed video cameras on the tops of telephone poles overlooking the residences of Ms. Jackson and Regina Evans ­ the suspected leaders of the organizations. Although both of these cameras could be adjusted by officers at the police station, and could zoom in close enough to read a license plate, neither had the capacity to record sound, and neither could view the inside of the houses. The officers also utilized a "video car" equipped with three hidden cameras, two VCRs and a transmitter that allowed officers to record and listen to conversations in and around the car as they were occurring.

During their investigation, the FBI enlisted the help of Gina Bromlow as an informant. The Elk City Police were holding Ms. Bromlow after her arrest on charges of possession of cocaine. The Elk City Police contacted FBI Agent Nicholas Manns after Ms. Bromlow expressed her desire to talk to the FBI about her knowledge of the drug distribution network in Elk City. Ms. Bromlow agreed to assist in the investigation by making controlled buys of crack cocaine for the FBI and to record her conversations with the dealers. In exchange for her assistance, Agent Manns promised to call the district attorney in Texas, where Ms. Bromlow also faced charges, and tell the district attorney Ms. Bromlow had been helpful to their investigation. Investigators paid Ms. Bromlow for her assistance and reimbursed her for the expenses she incurred in connection with the investigation.

On November 17, 1997, Ms. Bromlow purchased crack cocaine from Defendant Dwight Jackson, Ms. Jackson's uncle. During this transaction, which was recorded, Mr. Jackson told Ms. Bromlow, "Iris will hook you up." Mr. Jackson also stated, "Iris, she got quarters," meaning Ms. Jackson would sell a quarter ounce of crack or an amount valued at $250.00. Because Mr. Jackson did not have the crack cocaine when Ms. Bromlow inquired about making the purchase, Mr. Jackson and his girlfriend, Sheree Warren, went to Ms. Jackson's house to get the crack. When they returned, Ms. Bromlow bought an amount of crack worth $100.00.

Later that day, FBI agents gave Ms. Bromlow $300.00 and directed her to pick up Regina Evans and to buy crack from Vicky Edmondson or Ms. Jackson. Ms. Bromlow picked up Ms. Evans and drove to Ms. Jackson's house in the FBI "video car." After speaking to Ms. Bromlow for a short while, Ms. Evans left the car and entered Ms. Jackson's house to obtain crack cocaine. Ms. Evans returned with $300.00 worth of crack and gave it to Ms. Bromlow. Ms. Evans explained Ms. Jackson was not at home, but "Old Boy" had given her the crack, referring to Ms. Jackson's father. The FBI recorded the conversation

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between Ms. Bromlow and Ms. Evans.

The next controlled buy took place in early December 1997, when Agent Manns gave Ms. Bromlow $100.00 and directed her to purchase crack cocaine from Mr. Jackson and/or Ms. Warren. The FBI captured this transaction on video tape. The tape showed Ms. Bromlow acquiring the drugs from Mr. Jackson and Ms. Warren. During this transaction, Mr. Jackson told Ms. Bromlow he and Ms. Warren made a lot of money for Ms. Jackson by selling crack for her.

One week later, on December 12, 1997, Ms. Bromlow made another controlled purchase of crack cocaine from Ms. Jackson and Leonard Jackson, Dwight Jackson's brother and Ms. Jackson's uncle. Agent Manns gave Ms. Bromlow $320.00 for this transaction. Ms. Bromlow drove to Ms. Jackson's house where Ms. Jackson asked Ms. Bromlow if she was working for the police. Ms. Bromlow denied working for the police and explained she wanted $300.00 worth of crack and the extra $20.00 was in payment for a previous transaction. Ms. Bromlow gave Leonard Jackson the $320.00. Ms. Jackson retrieved the crack from her bedroom and handed it to Leonard, who then gave it to Ms. Bromlow. Ms. Bromlow asked Ms. Jackson if she would have more crack cocaine later, and Ms. Jackson indicated she would.

On December 17, 1997, Ms. Bromlow made another controlled buy. Although there is no video tape of this transaction because the equipment malfunctioned, Ms. Bromlow testified at trial she went to Ms. Jackson's house and saw Leonard Jackson on the front porch. Ms. Bromlow stated she and Leonard walked into Ms. Jackson's house, she gave Leonard $300.00, and Leonard went into the back bedroom. Ms. Bromlow could hear Leonard tell Ms. Jackson she wanted $300.00 worth of crack. Ms. Bromlow heard Ms. Jackson say she had the crack. A few minutes later, Leonard returned and handed Ms. Bromlow $300.00 worth of crack cocaine.

On January 27, 1998, Ms. Bromlow purchased another $300.00 worth of crack cocaine under the direction of the FBI. The video camera installed in the car revealed Mr. Jackson sitting in Ms. Jackson's car talking to Ms. Bromlow. Mr. Jackson directed Ms. Bromlow to go to Ms. Jackson's house. When they arrived at Ms. Jackson's house, Ms. Bromlow insisted upon being served before Mr. Jackson because she had more money to spend on crack than did Mr. Jackson. (Id. at 311.) Mr. Jackson wanted to buy only $10.00 worth of crack cocaine from Ms. Jackson. Ms. Jackson went into her bedroom and then returned to the living area with the crack and handed it to Ms. Bromlow. Ms. Bromlow handed the cash to Ms. Jackson.

On February 10, 1998, the FBI instructed Ms. Bromlow to contact Ms. Jackson and discuss the price of one ounce of crack. After Ms. Bromlow reported to Agent Manns concerning her conversation with Ms. Jackson, he gave her $900.00 with which to purchase crack. Ms. Bromlow returned to Ms. Jackson's residence with the $900.00, and discussed purchasing one ounce of crack cocaine from Ms. Jackson. However, Ms. Jackson did not have a full ounce at that time, so she asked Ms. Bromlow to return later. Mr. Jackson was present during these negotiations. When Ms. Bromlow returned later that day, Ms. Jackson was not present, but she discussed the purchase with Mr. Jackson, who urged her to buy the one ounce from Ms. Jackson or himself. Mr. Jackson claimed to be "hold[ing] down the fort" while Ms. Jackson was out.

That same day, Ms. Jackson, Judy Wiseman, Nequita Hicks, and Wanitha Randall were at Ms. Jackson's house. Ms. Jackson received a page, left the house, and returned a short while later. Shortly thereafter, Ms. Jackson said "Let's go" to the group, and they got into Ms. Jackson's car. Ms. Jackson drove to Hobart, Oklahoma, where she stopped at a store, then pulled

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over to the side of the road, parked, and asked Ms. Wiseman to remove a large sum of money from the glove compartment. After Ms. Wiseman gave her the money, Ms. Jackson got out of the car and walked to a vehicle driven by Charles Perry, who had stopped behind them. When she returned to her car, Ms. Jackson had a large amount of crack cocaine, but no longer had the money. Ms. Jackson examined the crack and gave it to Ms. Wiseman to cut in half. Ms. Jackson then put the crack between her legs.

Upon their return to Elk City, Officer Joey Bales of the Elk City Police Department stopped the car. Officer Bales had received a tip from an anonymous caller who told him Ms. Jackson was bringing back a large amount of crack cocaine from Lawton, Oklahoma. Before she stopped the car, Ms. Jackson gave Ms. Wiseman half the crack and told her to hide it. Ms. Wiseman put the crack between her legs. Ms. Jackson hid her half of the crack by inserting it into her vagina. Officer Bales interviewed each of the women...

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