915 F.2d 380 (8th Cir. 1990), 89-1540, United States v. Ivey

Docket Nº:89-1540, 89-1592 and 89-1953.
Citation:915 F.2d 380
Party Name:UNITED STATES of America, Appellee, v. William IVEY, Appellant. UNITED STATES of America, Appellee, v. Mary JOHNSON, Appellant. UNITED STATES of America, Appellee, v. James NANCE, Appellant.
Case Date:September 27, 1990
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 380

915 F.2d 380 (8th Cir. 1990)

UNITED STATES of America, Appellee,

v.

William IVEY, Appellant.

UNITED STATES of America, Appellee,

v.

Mary JOHNSON, Appellant.

UNITED STATES of America, Appellee,

v.

James NANCE, Appellant.

Nos. 89-1540, 89-1592 and 89-1953.

United States Court of Appeals, Eighth Circuit

September 27, 1990

Submitted May 16, 1990.

Rehearing and Rehearing En Banc

Denied in No. 89-1540 Nov. 6, 1990.

Page 381

[Copyrighted Material Omitted]

Page 382

Robert L. Sikma, Sioux City, Iowa, for appellant Nance.

Timothy T. Jarman, Sioux City, Iowa, for appellant Johnson.

Stanley E. Munger, Sioux City, Iowa, for appellant Ivey.

Michael M. Hobart, Sioux City, Iowa, for U.S.

Before BOWMAN and WOLLMAN, Circuit Judges, and STUART, [*] Senior District Judge.

WOLLMAN, Circuit Judge.

William A. Ivey, Mary Johnson and James E. Nance appeal their convictions for cocaine-related offenses. We affirm.

I.

On November 22, 1986, Ivey drove Johnson, Marcia Harris, and Mary Hogan to the Federal Express office in Sioux City, Iowa, to pick up a package apparently addressed to Mary Hogan. Because of a smeared label and incorrect address, Federal Express had earlier misdelivered the package to the Ben Fish Tire Company. An employee there opened it and discovered a white powdery substance that appeared to be cocaine. The box and its contents were returned to the Federal Express office, and the police were notified. After determining that the package was probably for Mary Hogan, the police staked out the Federal Express office and contacted Hogan by telephone, notifying her that there was a package for her at the office.

Ivey, Johnson, and Harris waited in Ivey's car while Hogan entered the Federal Express office. Police arrested Hogan after she had received the package and was about to leave. They also arrested Ivey, Johnson, and Harris outside the office. At the police department an officer searched Johnson's purse. While booking Ivey, police found two "seals" of cocaine in his billfold.

In an investigation following the arrests, police discovered Federal Express records showing that Harris and Johnson had sent and received a number of packages, as well as telephone company records showing calls over a period of several months between Johnson's and Harris' residence in Sioux City and Nance's residence in Miami,

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Florida. The police also discovered four money transfers ranging from $2,800 to $4,500 to Nance from Harris and Johnson. The district court found that the final transfer of $4,500 from Harris to Nance on November 18, 1986, was for the purchase of cocaine, but also ruled that the government failed to prove the purpose of the other transfers.

In addition, the police discovered a latent fingerprint matching Nance's on the outside of the box containing the cocaine that was inside the Federal Express package Hogan picked up when arrested. The package also contained crumpled newspapers from Miami.

A grand jury indicted Nance, William Ivey, Johnson, and Hogan, as well as Nancy Ivey, William Ivey's wife, on a variety of charges stemming from the Federal Express incident. Defendants waived their right to a jury trial. The district court acquitted Nancy Ivey of all charges. The court found William Ivey, Harris, Hogan, Johnson, and Nance to be members of a conspiracy to possess cocaine with intent to distribute in violation of 21 U.S.C. Sec. 841(a)(1) and 21 U.S.C. Sec. 846. The court also found Nance and Hogan guilty of knowingly and intentionally possessing cocaine with intent to distribute in...

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