940 F.2d 1121 (8th Cir. 1991), 90-5229, United States v. Admon

Docket Nº:90-5229.
Citation:940 F.2d 1121
Party Name:UNITED STATES of America, Appellee, v. Doris Jean ADMON, a/k/a Tina Nunn, Tina Caldwell, Appellant.
Case Date:July 23, 1991
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 1121

940 F.2d 1121 (8th Cir. 1991)

UNITED STATES of America, Appellee,

v.

Doris Jean ADMON, a/k/a Tina Nunn, Tina Caldwell, Appellant.

No. 90-5229.

United States Court of Appeals, Eighth Circuit

July 23, 1991

        Submitted Feb. 13, 1991.

Page 1122

        Mark W. Peterson, Minneapolis, Minn., for appellant.

        Jon M. Hopeman, argued (Jerome G. Arnold, Jon M. Hopeman and Denise D. Reilly, on brief), Minneapolis, Minn., for appellee.

        Before FAGG and BEAM, Circuit Judges, and HEANEY, Senior Circuit Judge.

        HEANEY, Senior Circuit Judge.

        Doris Jean Admon appeals from her convictions of conspiracy to distribute and to possess with intent to distribute five kilograms or more of cocaine in violation of 21 U.S.C. Sec. 846, and of traveling in interstate commerce with intent to distribute the proceeds of cocaine sales in violation of 18 U.S.C. Sec. 1952(a). We affirm.

        BACKGROUND

        Admon and five others were tried on a thirty-two count indictment charging narcotics and firearms violations in connection with an alleged cocaine distribution conspiracy. Admon is the ex-wife of Ralph ("Plukey") Duke, the convicted ringleader of the conspiracy.

        The evidence against Admon at trial consisted of witness testimony, conversations intercepted via a wiretap of Admon's home telephone, and cash, firearms, and drug paraphernalia seized following a search of Admon's home, which she shared with her son, co-defendant Ralph Lamont ("Monte") Nunn. The wiretap evidence showed that Admon made numerous sales of cocaine in amounts of one ounce or less between March 1 and May 2, 1989. It also showed that on March 4, 1989, Duke phoned Admon from Las Vegas and told her to pick up $6,000 from the home of co-defendant Walter Hughes. Admon then phoned Hughes for directions to his house, indicating that she was in a hurry to catch a plane flight. In addition, the wiretap intercepted two other conversations between Admon and Duke on March 4, 1989 in which they discussed Admon bringing money to Duke in Las Vegas. On April 3, 1989, the wiretap recorded the following phone conversation between Admon and someone named Bob:

        Bob: Ooooh. You got his six thousand dollars.

. . . . .

        Admon: Six thousand, twelve thousand.

. . . . .

Sure did.

. . . . .

Sure it was mine, fuck. I'm runnin around here goin across country and shit. Hell.

. . . . .

Fuck, with his motherfuckin dope and money and shit movin back and forth. Hell.

        Ex. 264; Tr. vol. X at 152.

        On April 6, 1989, co-defendant Serena Nunn drove Admon to the Minneapolis airport where Admon boarded a flight to Los Angeles. When Admon exited the plane in Los Angeles, drug enforcement agents approached her and asked if she had any narcotics or large amounts of money with her. Admon denied carrying narcotics, but stated that she had $2,000 to $3,000 with her. She consented to a search of her purse and luggage, which contained $1,523 in cash. Admon told the agent conducting the search that the money came from her savings and bingo earnings, and that she

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intended to give some of it to relatives and use some for shopping in Los Angeles. Admon then consented to a pat search, which disclosed a money belt containing $33,880 in cash. Without being asked, Admon denied that the cash was drug-related. She said that $5,000 came from her grandmother, $12,000 came from a loan, and the remainder represented gifts from gentlemen friends. The Drug Enforcement Agency seized Admon's cash.

        On May 4, 1989, police executed a search warrant at Admon's home. In Admon's bedroom, the officers found $500 and a Western Union money transfer receipt for $2,000 from Doris Duke to Ralph Duke. In the kitchen, they found an airline boarding pass in Admon's name from Minneapolis to Los Angeles, a shipping receipt for a package sent from Joseph Duke to Ralph Duke, and assorted drug paraphernalia. A P38 automatic weapon was found under a couch cushion in the basement family room, and a briefcase found in a hot tub contained a 9 millimeter automatic pistol and an empty clip. In Monte Nunn's bedroom, the officers found $18,000 in cash. Following the search, the officers arrested Admon, Serena Nunn, and Samantha Duke.

        Admon was indicted on, and pleaded not guilty to, one count charging conspiracy to distribute five kilograms or...

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