933 F.2d 1541 (11th Cir. 1991), 90-8338, United States v. Jones

Docket Nº:90-8338, 90-8481 and 90-8497.
Citation:933 F.2d 1541
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Andrew Newman JONES, David D. Hodge, Andrew Zweigbaum, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. Tammy Kay HUSKIN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jerome Michael SIEGEL, Defendant-Appellant.
Case Date:June 19, 1991
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
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Page 1541

933 F.2d 1541 (11th Cir. 1991)

UNITED STATES of America, Plaintiff-Appellee,

v.

Andrew Newman JONES, David D. Hodge, Andrew Zweigbaum,

Defendants-Appellants.

UNITED STATES of America, Plaintiff-Appellee,

v.

Tammy Kay HUSKIN, Defendant-Appellant.

UNITED STATES of America, Plaintiff-Appellee,

v.

Jerome Michael SIEGEL, Defendant-Appellant.

Nos. 90-8338, 90-8481 and 90-8497.

United States Court of Appeals, Eleventh Circuit

June 19, 1991

Page 1542

William N. Decarlis, Gainesville, Fla., for Jones.

Patrick G. Longhi, Atlanta, Ga., for Hodge.

Donald A. Lykkbak, Orlando, Fla., for Zweigbaum.

Teresa Wynn Roseborough, Sutherland, Asbill & Brennan, Atlanta, Ga., for Huskin.

Catherine B. Lerow, Atlanta, Ga., for Siegel.

James W. Kesler, U.S. Attorney's Office, Southeastern Drug Task Force, Atlanta, Ga., for the U.S.

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

Before HATCHETT, CLARK and DUBINA, Circuit Judges.

HATCHETT, Circuit Judge:

In this multiple defendant marijuana importation case, we affirm the convictions and sentences.

FACTS

In mid-1988, Marcel Grasso met Tammy Huskin and they discussed importing marijuana from Jamaica to Florida. Huskin and Mark Mayer, Grasso's "money man," later traveled to Jamaica where Huskin introduced Mayer to Jerome Siegel and told Mayer that Siegel could supply marijuana as well as a landing area in Jamaica. Mayer also met Norris Nembhard, the source for the marijuana. Eventually, Mayer and Siegel agreed that Siegel would provide marijuana and Mayer would pick it up and transport it to Florida by sailboat.

Andrew Jones gave Grasso $15,000 to help purchase the sailboat in return for one-third of the profits. Siegel then traveled to Florida to inspect the sailboat so that Siegel could determine how much marijuana the vessel could carry. Later, Grasso asked Andrew Zweigbaum for money because the sailboat had blown an engine. Zweigbaum gave Grasso $6,500 in return for a portion of the marijuana to be imported.

In late 1988, after experiencing numerous problems with the sailboat, Grasso and

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Mayer decided to find an airplane and a pilot to fly the marijuana to Florida. In December, 1988, Larry Martin received a telephone call from Huskin. Huskin, who was unaware that Martin was cooperating with United States Customs agents in Georgia, told Martin that he would be hearing from Grasso about smuggling marijuana. Grasso later told Martin about Grasso's plans to import marijuana from Jamaica to Florida.

On December 28, 1988, Martin met Grasso in Atlanta, Georgia. They agreed that Martin would supply a pilot and an airplane to import the marijuana. On January 5, 1989, Grasso and Mayer met with Martin and an undercover Georgia Bureau of Investigations (GBI) agent posing as a pilot. While Mayer and the agent discussed details of the operation, Grasso and Martin talked of paying Huskin money for her services in directing Grasso and Mayer to Martin. Later, at William Nash's house, Grasso introduced Nash to the GBI pilot and stated that Nash would be a member of the off-load crew.

While Grasso and Huskin were meeting with Martin to arrange transportation for the marijuana, Jones, at Grasso's request, was attempting to do the same thing with different people. Through Robert Lillard, an acquaintance of Jones, Jones eventually contacted Kevin Phillips, hoping Phillips could act as the pilot. Unknown to Jones, Lillard was helping law enforcement officials and Phillips was an undercover U.S. Customs agent. Jones told Lillard that Jones's effort to locate an airplane and a pilot was not his only role in the smuggling venture. Jones stated that he had arranged for the marijuana to be flown into a 14,000-acre ranch, the Flying "P," which borders the Dunnellon Municipal Airport near Ocala, Florida, and that "everything was taken care of" regarding the ranch.

On January 3, 1989, Jones, Grasso, and Nash drove to the Flying "P" and met with David Hodge, an employee of the Flying "P." Jones had earlier introduced Grasso to Hodge, and had told Grasso that Hodge would make sure the landing area was clear and the gates were open so that the off-load vehicles could enter and exit the ranch without suspicion. The men drove through the ranch to get an idea of where the airplane could land.

Two days later, Grasso and Mayer decided to use the GBI pilot, rather than Phillips, to transport the marijuana. Jones then contacted Mike Dobbs and offered Dobbs the chance to earn some easy money by unloading "bales" from an airplane. Jones told Dobbs that Grasso was involved in this venture. Dobbs also overheard Jones and Hodge discussing the landing of an airplane near the Flying "P" and the need for lights for a runway. At the end of January, Jones sent Dobbs to meet with Grasso, Nash, and Hodge near the ranch. After this meeting, Dobbs called Jones and told him that he wanted nothing to do with the smuggling venture. Jones urged Dobbs to stay involved.

On January 26, 1989, the GBI pilot met Mayer and Siegel at Siegel's residence in Montego Bay, Jamaica. During this trip, Siegel provided all the necessary logistical details of the smuggling operation. Shortly thereafter, Mayer told Zweigbaum that a load of marijuana was due in soon and they agreed that Mayer would "front end" Zweigbaum up to 500 pounds of this marijuana. Mayer asked Zweigbaum if he could use Zweigbaum's Chevrolet Blazer to transport Zweigbaum's share directly to him. Zweigbaum agreed and Mayer later took the Blazer to the Flying "P" February 2, 1989, the day the airplane was scheduled to arrive with the marijuana.

On February 2, 1989, the GBI pilot picked up 866 pounds of marijuana in Jamaica and flew to a small airport in Henry County, Georgia. Government agents told Grasso and Mayer to come pick up the load. When Mayer...

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