798 F.2d 1157 (8th Cir. 1986), 85-2348, United States v. Petty

Docket Nº:85-2348.
Citation:798 F.2d 1157
Party Name:UNITED STATES of America, Appellee, v. Samuel PETTY, Appellant.
Case Date:August 15, 1986
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 1157

798 F.2d 1157 (8th Cir. 1986)

UNITED STATES of America, Appellee,

v.

Samuel PETTY, Appellant.

No. 85-2348.

United States Court of Appeals, Eighth Circuit

August 15, 1986

Submitted June 13, 1986.

Rehearing and Rehearing En Banc Denied Oct. 24, 1986.

Page 1158

Donald V. Morano, Chicago, Ill., for appellant.

Larry D. Hale, Asst. U.S. Atty., St. Louis, Mo., for appellee.

Before ROSS, McMILLIAN, and BOWMAN, Circuit Judges.

PER CURIAM.

Appellant, Samuel Petty, was convicted in district court 1 under a five-count superseding

Page 1159

indictment of conspiracy to distribute cocaine, in violation of 21 U.S.C. Secs. 841(a)(1) and 846 (1982); possession of cocaine with intent to distribute, in violation of 21 U.S.C. Sec. 841(a)(1) (1982); possession of a firearm by a convicted felon, in violation of 18 U.S.C. app. Sec. 1202(a)(1) (Supp.1984); interstate transportation of a firearm by a convicted felon, in violation of 18 U.S.C. Sec. 922(g) (1982); and interstate transportation of ammunition by a convicted felon, in violation of 18 U.S.C. Sec. 922(g) (1982). Petty was sentenced to a total of 20 years imprisonment on the drug and interstate transportation charges, and a concurrent 22-year enhanced sentence for possession of a firearm by a convicted felon as provided in 18 U.S.C. app. Sec. 1202(a)(1) (Supp.1984).

We address five of the issues raised on appeal: Whether the district court erred by 1) counting Petty's previous New York robbery conviction as six separate convictions rather than one for the purpose of enhancing his sentence under 18 U.S.C. app. Sec. 1202(a)(1) (Supp.1984); 2) convicting him of causing the interstate shipment of a firearm and ammunition without sufficient evidence; 3) admitting evidence of various firearms and related materials not the subject of the indictment; 4) excluding evidence offered to impeach a government witness; and 5) failing to comply with Rule 32 of the Federal Rules of Criminal Procedure. We affirm.

I. Background

Following an extensive investigation of potential drug selling activities occurring within a home owned by Deborah Randle (the charges against her were severed from the charges against appellant Petty), the police obtained a warrant to search Randle's home. Samuel Petty used his key to Randle's home to admit the police officers. During the search, various loaded firearms were found in the master bedroom and living room and another gun as well as a large quantity of ammunition were found in a closet outside of the master bedroom. Cocaine, cocaine cutting agents and other items associated with the preparation and packaging of cocaine for sale were found under the bed in the master bedroom. Petty admitted to sleeping in the master bedroom of Randle's home. The facts are complex and will be discussed as they relate to each of Petty's allegations.

II. Discussion

A. Enhanced Sentence

Petty was convicted of possession of a firearm by a convicted felon under 18 U.S.C. app. Sec. 1202(a)(1) (Supp.1984), which reads in part:

Any person who--

(1) has been convicted by a court of the United States or of a State or any political subdivision thereof of a felony,

* * *

* * *

and who receives, possesses, or transports in commerce or affecting commerce, after the date of enactment of this Act, any firearm shall be fined not more than $10,000 or imprisoned for not more than two years, or both. In the case of a person who receives, possesses, or transports in commerce or affecting commerce any firearm and who had three previous convictions by any court referred to in paragraph (1) of this subsection for robbery or burglary, or both, such person shall be fined not more than $25,000 and imprisoned not less than fifteen years, and, notwithstanding any other provision of law, the court shall not suspend the...

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