743 F.2d 827 (11th Cir. 1984), 83-7444, United States v. Satterfield

Docket Nº:83-7444, 83-7583.
Citation:743 F.2d 827
Party Name:UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Edward Eugene SATTERFIELD a/k/a
Case Date:October 03, 1984
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
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743 F.2d 827 (11th Cir. 1984)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant,

v.

Edward Eugene SATTERFIELD a/k/a "Pig" Satterfield, Perry Don

Allison, Carlton Welden, Defendants-Appellants,

Cross-Appellees.

In re UNITED STATES of America, Petitioner.

Nos. 83-7444, 83-7583.

United States Court of Appeals, Eleventh Circuit

October 3, 1984

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Craig Izard, court appointed, Birmingham, Ala., for Satterfield.

W.M. Beck, Sr., Fort Payne, Ala., Charles Caldwell, Birmingham, Ala., for Allison.

Michael M. Raulston, Chattanooga, Tenn., for Welden.

Frank W. Donaldson, U.S. Atty., G. Douglas Jones, Herbert H. Henry, III, Asst. U.S. Attys., Birmingham, Ala., Karen I. Skrivseth, U.S. Dept. of Justice, Washington, D.C., for the U.S.

Appeals from the United States District Court for the Northern District of Alabama.

On Petition for Writ of Mandamus to the United States District Court for the Northern District of Alabama.

Before KRAVITCH and JOHNSON, Circuit Judges, and O'KELLEY [*], District Judge.

KRAVITCH, Circuit Judge:

I. FACTS AND PROCEEDINGS

In this appeal we consider a challenge to the constitutionality of the restitution provisions of the Victim and Witness Protection Act of 1982 (the "VWPA" or "Act"). Appellants Carlton Welden, Edward Eugene Satterfield and Perry Don Allison were convicted by a jury of one count of kidnapping in violation of 18 U.S.C. Sec. 1201(a)(1). The court sentenced Satterfield to life imprisonment, Welden to twenty years and Allison to five years, but refused to order payment to the victim under the VWPA, 18 U.S.C. Secs. 3579 and 3580, declaring those provisions unconstitutional under the fifth, seventh and fourteenth amendments. Appellants challenge their convictions under the kidnapping statute; the Government cross-appeals the district court's refusal to order restitution. The Government also petitioned for a writ of mandamus, which has been carried with the appeal, to compel the district court to comply with the restitution statute. We affirm the convictions of all three appellants, reverse the district court's ruling on the constitutionality of the VWPA, remand to the district court for compliance with the restitution statute, and deny the petition for writ of mandamus in light of our decision on the Government's cross-appeal. 1

At trial, the Government alleged that, in the early morning hours of April 7, 1983, Satterfield, Welden and Allison kidnapped Pauline Callaway from her trailer home in Hooker, Georgia, after killing her boyfriend, and forced her to accompany them to Flat Rock, Alabama. The evidence showed that the events leading to the kidnapping began at 10:00 p.m. on April 6, 1983, when appellant Allison accompanied his friend Dervin Little in Little's wife's 1979 red and maroon Malibu Classic to a graveyard in Georgia. In about ten minutes, they were joined by appellant Welden, who drove up in his automobile and asked to trade cars with Little for the evening. Little departed in Welden's car, while Welden and Allison left in the Malibu. At around 3:00 a.m. the next morning, Pauline Callaway and her boyfriend returned from Callaway's sister's home to their trailer. Callaway went to bed immediately, while her boyfriend remained awake. Shortly thereafter, Satterfield, Welden and Allison arrived at the trailer in the Malibu. Allison, the driver, remained in the car while two masked men, later identified by Callaway as Satterfield and Welden, broke into the trailer, shot and killed the boyfriend, went to the bedroom, and, after removing

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Callaway's clothes, forced her onto the living room couch. When Callaway was unable to tell Satterfield where money and cocaine were hidden in the trailer, he hit her on the head with a shotgun, causing her to bleed profusely and black out.

Callaway awakened in the back seat of the Malibu. She was wearing only her boyfriend's bluejean jacket, and two of her abductors were holding her at gunpoint. During the ride, she heard Satterfield tell her to keep her head down. She also heard Satterfield ask "Carlton" to lean toward him so he could whisper something in his ear. Later in the trip, she heard the one referred to as "Carlton" mention that they had just killed a man. Callaway could not see the driver of the car, but observed that he had blondish-brown curly hair.

At one point Satterfield forced Callaway out of the car to perform oral sex, and when she returned she deliberately placed some of the blood from her head on the car's interior. When Satterfield later took off his mask, Callaway could see his face, but because it was dark she could not see it very clearly.

At 4:30 or 5:00 a.m., the three men took Callaway to a shack rented by Satterfield, at which time Welden and Allison left. Satterfield dragged Callaway into the unlighted house, threw her on the bed, laid down beside her and passed out. Meanwhile, Welden and Allison went to the home of Patricia Holcomb, Satterfield's girlfriend. Holcomb spoke with Welden on the porch and saw the Malibu in her driveway with a man behind the wheel. Later that day she told an FBI agent that the man was Allison, but at trial she admitted that she was not certain. Welden told Holcomb that Satterfield, whom she knew as "Pig," wanted to see her. Welden left, but returned about an hour later in the Malibu and drove Holcomb to Satterfield's. By this time, Allison was no longer in the car. En route to Satterfield's shack, Welden told Holcomb that he "might be in a little bit of trouble."

After Welden let her out in front of Satterfield's house, Holcomb went through the unlocked front door and found Satterfield with Callaway. Holcomb attempted to wake Satterfield, saying "Pig, Pig, wake up." When Callaway realized that Satterfield could not be awakened, she tried to get as good a look at him as possible in the dark room. She then escaped and ran to a neighbor's house to call the police.

Around 6:00 a.m. Deputy Sheriff John Moses of DeKalb County, Alabama, received the police call. He arrived at Satterfield's neighbor's house and found Callaway in hysterics, her face covered with blood. When she calmed down, Callaway told him that three men, two of whom were named Pig and Carlton, had killed a man in Georgia, using a shotgun, and had kidnapped her. After verifying the murder with Georgia authorities, Moses and two other deputies went to Satterfield's shack. Without an arrest warrant or search warrant, the men knocked on Satterfield's front door, announced their presence, and, receiving no response, entered the house using a flashlight for illumination. Discovering Satterfield and Holcomb in the bedroom, they promptly arrested Satterfield and, following a brief search of the bedroom, seized a pair of trousers, shotgun shells, a bloodstained pillow and a torn shirt with blood on it. After the deputies took Satterfield and Holcomb to separate patrol cars and determined that the house was empty, they continued to search the shack for nearly ten minutes and found the shotgun underneath the cushions of a sofa in the room adjoining the bedroom. At trial, the Government showed that the bloodstains on the pillow and clothing found in Satterfield's bedroom matched the blood type of Pauline Callaway, as did the bloodstains in the Malibu. The test on blood stains found on the shotgun, however, was inconclusive.

Carlton Welden was arrested the following day, April 8, 1983, and three days later, police arrested Perry Don Allison. FBI Agent Land testified that Allison was read his Miranda rights upon arrest, but refused to sign a waiver of rights form. The agent also testified that he engaged in casual

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conversation with Allison during the ride to the police station, during which Allison stated "that he wanted to make it clear that he was not really a mean man, but that he simply had too many people that got him into trouble."

Following return of the guilty verdicts, appellants and their counsel were given copies of their presentence investigative reports, which included information concerning their financial status and a victim impact statement showing that Pauline Callaway had incurred $599 in medical bills. The victim impact statement consisted of an unverified report by the Probation Service based upon information Callaway had supplied, and provided no other evidence of injuries sustained or expenses incurred by Callaway or any other victims of the incident. The district court acknowledged that payment of restitution to Callaway was justified under sections 3579 and 3580 of the VWPA, but refused to order payment of the $599 on grounds that the Act violated the defendants' seventh amendment right to a jury trial, and fifth and fourteenth amendment rights to due process and equal protection of the laws. The court therefore ordered terms of imprisonment without restitution to the victim. In a memorandum opinion, United States v. Welden, 568 F.Supp. 516 (N.D.Ala.1983), the trial court explained its holding that the restitution statute is unconstitutional.

The three defendants appealed their convictions under 18 U.S.C. Sec. 1201(a)(1) on several grounds. Satterfield raises four grounds for reversal: (1) the shotgun was seized in violation of his rights under the fourth amendment; (2) he was entitled to a mistrial after the court mistakenly read an unedited version of the indictment that included references to his nickname "Pig"; (3) the introduction of Allison's statement violated his right to confront his accuser under Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968); and (4) the in-court identification of him by Pauline...

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