U.S. v. Jenkins, 95-2787

• Decision Date: 06 March 1996
• Docket Number: No. 95-2787,95-2787
• Citation: 78 F.3d 1283
• Parties: UNITED STATES of America, Appellee, v. Ronald D. JENKINS, Appellant.
• Court: U.S. Court of Appeals — Eighth Circuit

Page 1283

78 F.3d 1283

UNITED STATES of America, Appellee, v. Ronald D. JENKINS, Appellant.

No. 95-2787.

United States Court of Appeals,

Eighth Circuit.

Submitted Jan. 9, 1996.

Decided March 6, 1996.

On Appeal from the United States District Court for the Western District of Missouri; D.B. Bartlett, Judge.

James Ralph Hobbs, Kansas City, Missouri, argued (Marily B. Keller, on the brief), for appellant.

William L. Meiners of Kansas City, Missouri, argued, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, BOWMAN, Circuit Judge, and JONES, ^* District Judge.

RICHARD S. ARNOLD, Chief Judge.

Ronald Jenkins appeals his convictions for conspiracy to distribute and possession with intent to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and 846, and conspiracy to commit money laundering in violation of 18 U.S.C. §§ 371 and 1956(a)(1)(A)(i). He argues that the convictions are not supported by the evidence presented at trial. Jenkins also appeals his sentence claiming that the District Court ¹ miscalculated the drug quantity, and that he should have been granted a reduction in his sentence under U.S.S.G. § 5K2.0. We affirm both the convictions and the sentence.

I.

This is a classic case of a network of people who chose to devote their time and energy to the distribution and sale of cocaine and cocaine base. Ronald Jenkins, the defendant, was a key member of an ongoing scheme to transport drugs from Los Angeles, California, to Kansas City, Missouri, where the drugs were distributed. The organization was responsible for over 100 kilograms of cocaine being introduced into the Kansas City drug market between 1987 and 1992.

James Jenkins, the defendant's brother, organized and ran the drug-distribution network which was supplied from Los Angeles by Shannon Thames and Reevious Henderson. Other members of the organization included Reggie House, Ronald Smith, Shawn Stubbs, and Sandy Lyles, who transported the cocaine from Los Angeles to Kansas City. Once in Kansas City, the drugs were distributed by Diamond Coleman, Keenan Hart, and others. The defendant facilitated the conspiracy in at least two ways: he allowed his home to be used as a "safe house," and he assisted in the accounting of drug proceeds, including disbursing money to the distributors and wiring money to Los Angeles.

Evidence of the defendant's performance of each of these roles is overwhelming. The testimony of co-conspirators leaves no doubt that the defendant allowed his home to be used as a "safe house" in furtherance of the conspiracy. First, he allowed the couriers to stay in his home during their trips to Kansas City. Second, large amounts of cocaine were stored in the basement of his home at his instruction. Once the cocaine was sold, couriers returned to the defendant's home with the drug proceeds, which were also stored in his basement.

The evidence that the defendant actively participated in the accounting of the drug proceeds is also compelling. On at least five occasions the defendant received drug proceeds from Hart and Coleman. The money was delivered to the defendant at his home in brown paper bags containing $1,000 bundles with the total amount received ranging from $10,000 to $20,000. The defendant stored the money in his basement. On another occasion, the defendant, with Hart, James Jenkins, and Coleman present, counted $100,000 in drug proceeds which had been stored in a garbage bag at his home. In addition to storing and counting the drug proceeds, he was also active in their disbursement. He gave money to co-conspirators when instructed to do so by James Jenkins, and he wired money from the sale of the drugs to Los Angeles. ² He also instructed Hart on how to avoid Internal Revenue Service reporting requirements when sending large sums of money via Western Union.

In January of 1993, the defendant was charged in a seven-count indictment for his drug-related activities. Following the trial, the jury returned a verdict of guilty on Count Two for conspiracy to distribute and possess with intent to distribute cocaine and cocaine base, and on Count Seven for conspiracy to conduct money laundering. He was sentenced to 15 years and 8 months' imprisonment on Count Two, and five years' imprisonment on Count Seven, to run concurrently. The defendant also must serve a five-year term of supervised release on Count Two and a three-year term of supervised release on Count Seven to run concurrently. He now appeals both his convictions and his sentence.

II.

The defendant challenges the sufficiency of the evidence with regard to his drug conspiracy and money-laundering conspiracy convictions. In our review, we must view the evidence in the light most favorable to the verdict. United States v. Bascope-Zurita, 68 F.3d 1057, 1060 (8th Cir.1995), cert. denied, --- U.S. ----, 116 S.Ct. 741, 133 L.Ed.2d 690 (1996). The verdict is given the benefit of all reasonable inferences that might have been drawn from the evidence presented. Ibid. Reversal is appropriate "only if we conclude that a reasonable fact-finder must have entertained a reasonable doubt about the government's proof of one of the offense's essential elements." Ibid.

In order to prove the existence of a conspiracy, "the government must show an agreement between at least two people and that the agreement's objective was a violation of the law." United States v. Escobar, 50 F.3d 1414, 1419 (8th Cir.1995). The existence of the agreement may be proved by either direct or circumstantial evidence. Ibid. Once the government establishes the existence of a drug conspiracy, only slight evidence linking the defendant to the conspiracy is required to prove the defendant's involvement and support the conviction. United States v. Smith, 49 F.3d 362, 365 (8th Cir.1995) (subsequent history omitted).

A.

The defendant argues that the government failed to prove that he knew of the drug conspiracy or that he knowingly joined the conspiracy. In support of this argument he notes that there was no evidence that he sold drugs, and that the testimony of his co-conspirators was contradictory and refuted by defense witnesses.

The government presented ample evidence of an agreement between James Jenkins and others to transport cocaine from Los Angeles to Kansas City. The proof included testimony describing numerous drug transactions which took place in Kansas City, some taking place in the defendant's presence. Testimony also established that the proceeds from these transactions were often wired to Los Angeles.

Contrary to the defendant's assertion, the government did offer evidence which not only demonstrated his knowledge of the overall conspiracy, but also demonstrated that the defendant's actions were necessary for the successful execution of the conspiracy. For example, Smith and Hart testified that they stayed at the defendant's home after transporting cocaine from Los Angeles to Kansas City. They also stored drugs and money from the sale of drugs at the defendant's home. Lyles testified that he made drug deliveries to Gilbert Dowdy and Stubbs at the defendant's home. Testimony also indicated that the defendant allowed his automobiles to be used to transport drugs.

We recognize that the testimony of the witnesses may have been inconsistent at times. It was the jury's duty, however, to weigh the credibility of the defendant's co-conspirators regarding the day-to-day transactions of the operation. See United States v. Lopez, 42 F.3d 463, 466 (8th Cir.1994) (weighing credibility of witnesses was role of the jury). The jury apparently resolved the inconsistencies in favor of the government. We conclude that the testimony presented at trial, combined with the documentation of wire transfers presented, was sufficient to support the jury's conclusion that the defendant was a member of the overall drug conspiracy.

B.

The defendant challenges his conviction for money laundering by claiming that the government failed to present evidence that he was aware that the wire transfers which he made were proceeds of drug activity, or that the transfers were made for the promotion of the drug conspiracy. He explains that he is guilty of nothing more than holding money for his brother and sending wire transfers.

In order to prove money laundering, the government must demonstrate

(1) that the defendant conducted a financial transaction which involved the proceeds of unlawful activity; (2) that he knew that the property involved in the transaction was proceeds of some form of specified unlawful activity; and (3) that he "intend[ed] to promote the carrying on of specified unlawful activity ..."

United States v. Cruz, 993 F.2d 164, 167 (8th Cir.1993) (citations omitted). We have no doubt that a reasonable jury could have found sufficient evidence to support each element of this offense. Witness testimony and wire-transfer receipts confirm that the defendant made wire transfers of $93,650 in drug proceeds.

Further, the defendant's claim of innocence is incredible. Over a span of three years Ronald Jenkins received thousands of dollars in cash from Hart, Smith, House, and Coleman, all young men ranging in age from 15 to 19. He also was aware that his brother lived a lavish lifestyle--he owned multiple homes, limousines, a Rolls Royce--yet had no visible source of income. On at least one occasion, the defendant had over $100,000 in cash stored in a garbage bag in his home. A jury certainly could have concluded from this evidence that the defendant was aware that the money in question had resulted from drug activity. Lopez, 42 F.3d 463, 467 (recognizing that jury may infer from the evidence that defendant's money came from drug sales).

III.

Next, the defendant argues that his conviction for conspiracy to distribute and possess with intent to distribute cocaine must be reversed because the government failed to prove the existence of a single conspiracy as charged in the indictment, but instead...