U.S. v. Harris, s. 93-5159
| Decision Date | 28 October 1993 |
| Docket Number | Nos. 93-5159,Nos. 93-5160,93-5164 and 93-5165,s. 93-5159,s. 93-5160 |
| Citation | 39 F.3d 1262 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Dennis HARRIS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Reginald BOONE, a/k/a Reggie, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Alfred CALDWELL, a/k/a Big Al, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey WOODHOUSE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Melvin McLAUGHLIN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Terrance BRAXTON, a/k/a Dink, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Edward CALLOWAY, a/k/a Stink, Defendant-Appellant. to 93-5165. |
| Court | U.S. Court of Appeals — Fourth Circuit |
ARGUED: Peter Mark Abramson, Norfolk, VA; Ira Michael Steingold, Virginia Beach, VA; Andrew Robert Sebok, Norfolk, VA; Robert Dean Eisen, Norfolk, VA; Michael Denis Kmetz, Norfolk, VA; W. Thurston Harville, Norfolk, VA; Rodolfo Cejas, II, Norfolk, VA, for appellants. Laura Marie Everhart, Asst. U.S. Atty., Norfolk, VA, for appellee. ON BRIEF: Kenneth E. Melson, U.S. Atty., Norfolk, VA, for appellee.
Before WIDENER, WILKINSON, and WILLIAMS, Circuit Judges.
Affirmed in part, vacated and remanded in part by published opinion. Judge WIDENER wrote the opinion in which Judge WILKINSON and Judge WILLIAMS concur.
Co-defendants Dennis Harris, Reginald Boone, Jeffrey Woodhouse, Melvin McLaughlin, Terrance (Dink) Braxton, Edward (Stink) Calloway, and Alfred Caldwell appeal, asserting numerous trial and sentencing errors. All defendants were convicted of a single conspiracy to distribute or possess with intent to distribute cocaine in violation of 21 U.S.C. Sec. 846 and appeal their convictions based on the claimed insufficiency of the evidence to support this conviction of a single drug conspiracy or any conspiracy at all. All defendants assign reversible error to the district court's failure to grant a mistrial or limit jury consideration of the testimony of witnesses who had spoken to other witnesses prior to testifying and the admission into evidence of a summary of telephone records. In addition, Boone appeals the district court's denial of his motion to suppress evidence and his convictions of two counts of using or carrying a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. Sec. 924(c)(1). All the defendants challenge the calculation of their sentences under the Guidelines, as well as the constitutionality of the Sentencing Guidelines' base offense levels for crack cocaine because of the disproportionate impact on blacks. We affirm the convictions and the sentences, with the exception of Boone's life sentence imposed pursuant to 21 U.S.C. Sec. 841(b)(1)(A).
We review the facts of this conspiracy in the light most favorable to the government, including all reasonable inferences. See Glasser v. United States, 315 U.S. 60, 80, 62 S.Ct. 457, 469, 86 L.Ed. 680 (1942); United States v. Russell, 971 F.2d 1098, 1109 (4th Cir.1992), cert. denied --- U.S. ----, 113 S.Ct. 1013, 122 L.Ed.2d 161 (1993). 1 The evidence supported proof of a large cocaine distribution network operating to supply the Norfolk area, with Harris and Vincent (Jack) Goodson receiving large amounts of cocaine from their suppliers, and converting a large amount of this cocaine to its base form (crack) and then selling the crack in smaller quantities, from a gram to an ounce, to Dudley White; Boone; Woodhouse; Tyrone Boone, Reginald Boone's brother; and others, who retailed the cocaine to their customers, including street-level buyers for personal consumption.
As far back as 1986 and continuing until 1992, Harris and Goodson sold half-ounces of cocaine about three times a week to Dudley White, a customer from North Carolina. White, after contacting Goodson or Harris, obtained cocaine from them or McLaughlin, Caldwell, or Miss Tompkins. Besides sharing customers like White, Harris and Goodson shared the use of several cocaine distribution houses. McLaughlin was the houseman at these locations; that is, he would handle drug customers or call Harris or Goodson if necessary. In addition, Harris distributed cocaine out of his barbershop, Z & D Blademasters on East Princess Anne Road in Norfolk, using his employees Caldwell, McLaughlin, Calloway, and Brandon (Putt) Thatch. Harris was one of the major suppliers of cocaine to Boone, Tyrone Boone, and Woodhouse, who distributed the drug in the Brambleton area of Norfolk.
One of these drug distribution houses run by Harris and Goodson was located in Virginia Beach, Virginia (Stoney Point) and operated from October 1990 until September 1991. Calloway leased the apartment and paid the rent to the landlord, while McLaughlin lived there. However, Harris and Goodson actually paid the rent and other bills. Both Harris and Goodson used the apartment to prepare cocaine, while Harris, Goodson, McLaughlin, and Calloway distributed cocaine from Stoney Point. Harris picked up from McLaughlin any money from drug sales at Stoney Point. Harris and Goodson stored the cocaine in a locked closet and McLaughlin had one of the keys.
Large amounts of cocaine were distributed from this location to White who would resell it. Anthony Robertson supplied Goodson with cocaine at Stoney Point, beginning with four and one-half ounce deliveries and increasing to two kilograms at a time. Goodson and Harris split these deliveries 50-50. Each day, ounces of cocaine, both in powder and crack form, were prepared for resale. White purchased quantities from a half-ounce to two ounces at a time, three times a week from either Harris or McLaughlin at Stoney Point. He saw a half a kilogram of cocaine at Stoney Point, in the presence of Goodson, McLaughlin, and Braxton.
Brandon Thatch, who worked at Harris's barbershop, was one of the smaller dealers utilized by Harris to distribute his cocaine. Harris approached Thatch and asked if he knew anyone who wanted to buy cocaine and, after locating customers, Thatch would pick up the drug from McLaughlin at Harris's instructions. Thatch continued to contact Harris for cocaine, each time getting it at Stoney Point from McLaughlin, Harris, or Calloway or from Calloway at the barbershop. Harris would give Thatch the drugs, who would sell them, give Harris the money, and Harris would give him $20 or $50.
In September of 1991, Harris, Goodson, McLaughlin, and Calloway, assisted by Thatch, moved their operation from Stoney Point and set up operations in an apartment on Kingston Avenue in Norfolk. Once again, Calloway leased the apartment and contracted for telephone service, and McLaughlin lived there as houseman for Harris and Goodson, along with Miss Tompkins, Braxton and sometimes Calloway. Harris and Goodson also paid the bills at Kingston. Harris continued to be at this distribution house every day or two to prepare, package, and sell cocaine, and to pick up drug sale money from McLaughlin, who sometimes cooked the cocaine powder into crack when Harris was too busy. Approximately an ounce or more a day was converted to crack at the Kingston residence. Harris and Goodson directed the drug operation at this location with Harris, Goodson, McLaughlin, Calloway, Braxton, and Caldwell selling or distributing the cocaine. At first the cocaine was stored in a locked closet with McLaughlin having the key, but later Goodson bought a safe for the money and drugs and Goodson, Harris, and McLaughlin had the combination. White saw a half a kilogram of cocaine in the safe in the presence of McLaughlin and Braxton. Miss Tompkins said Goodson and Harris got their cocaine from a seller who came from New Jersey once or twice a week with about a half-gallon bag of cocaine. Miss Tompkins also sold cocaine from the apartment, and one time sold a half-ounce of Harris's crack cocaine to Tyrone Boone at Harris's request and gave the money to Harris. Calloway would occasionally deliver some of Harris's cocaine to Miss Tompkins. Both Caldwell and Calloway used Harris's car to drive McLaughlin around to make drug deliveries, because McLaughlin couldn't drive. Thatch obtained cocaine from Harris and McLaughlin at Kingston, as well as from both at the barbershop.
On September 18, 1991, Miss Tompkins moved from the Kingston apartment to a nearby apartment on Baychester Avenue. The lease and telephone were in her name, but Harris paid the rent. McLaughlin remained at the Kingston apartment and continued to distribute drugs. Harris and Goodson used this apartment to prepare cocaine. Goodson installed a keyed bolt lock on the door of one bedroom and drugs were kept in this room. Calloway obtained cocaine at Baychester from Harris and McLaughlin and distributed cocaine from that location. Dudley White obtained cocaine from Harris at Baychester, and Miss Tompkins delivered crack from Harris to White. Thatch purchased cocaine from Harris and McLaughlin at Baychester and then resold it.
On January 1, 1992, McLaughlin leased an apartment on Honaker Avenue in Norfolk, with telephone service in Calloway's name. Braxton contracted for pager service on January 6, 1992, giving the Honaker address. Harris, Goodson, McLaughlin, and Braxton distributed cocaine from this residence, with Braxton acting as houseman. White continued his cocaine purchases from Goodson and Harris here by calling Braxton, who would page either Harris or Goodson. Sometimes there was a half a kilogram of cocaine in the safe at Honaker, and McLaughlin and Braxton were aware of that.
Reginald Boone, Tyrone Boone, and Jeffrey Woodhouse also distributed cocaine in the Norfolk area, obtaining much of their supply from Harris, as well as Clarence Lindsey until Lindsey was arrested in October of 1991. As early as...
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