U.S. v. Williams

• Decision Date: 01 May 1992
• Docket Number: Nos. 91-1025,91-1496 and 91-1549,91-1495,s. 91-1025
• Citation: 962 F.2d 1218
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Raymond WILLIAMS (91-1025), Kevin T. Wilson (91-1495/1496), and Beverly Powell (91-1549), Defendants-Appellants.
• Court: U.S. Court of Appeals — Sixth Circuit

Page 1218

962 F.2d 1218

UNITED STATES of America, Plaintiff-Appellee, v. Raymond WILLIAMS (91-1025), Kevin T. Wilson (91-1495/1496), and Beverly Powell (91-1549), Defendants-Appellants.

Nos. 91-1025, 91-1495, 91-1496 and 91-1549.

United States Court of Appeals,

Sixth Circuit.

Argued April 7, 1992.

Decided May 1, 1992.

Mark C. Jones, Asst. U.S. Atty. (argued and briefed), Office of the U.S. Atty., Flint, Mich., for U.S.

Richard P. King, (argued and briefed), O'Rourke, Joseph & Strong, Flint, Mich., for Raymond Williams.

David I. Goldstein (briefed), Ann Arbor, Mich., for Kevin Tyrone Wilson.

Melvin Houston (argued and briefed), Detroit, Mich., for Beverly Powell.

Before: KEITH and MILBURN, Circuit Judges; and ENSLEN, District Judge. ^*

MILBURN, Circuit Judge.

Defendants Beverly Powell, Raymond Williams, and Kevin Wilson appeal their jury convictions and sentences for conspiring to distribute cocaine and cocaine base in violation of Title 21 U.S.C. §§ 846 and 841(a)(1). The issues raised in this appeal are (1) whether the district court erred in denying defendant Powell's motion to suppress evidence obtained when police stopped the vehicle in which she was a passenger and subsequently searched her purse, (2) whether the district court erred in denying defendant Powell's request for production of Special Agent Dodson's original handwritten notes, (3) whether defendant Williams was denied a fair trial by failure on the part of the government to timely file a bill of particulars and by a prejudicial variance between the bill of particulars and the proof offered at trial, (4) whether the district court erred in determining for sentencing purposes that defendants Wilson and Williams were leaders or supervisors of the conspiracy, (5) whether the district court erred in determining for sentencing purposes the amount of drugs for which defendant Wilson was responsible, (6) whether 21 U.S.C. § 841(b)(1)(B)(iii) is void for vagueness because of a failure to define "cocaine base," and (7) whether the treatment of one gram of crack cocaine for sentencing purposes as the equivalent of 100 grams of cocaine powder pursuant to 21 U.S.C. § 841(b) violates Equal Protection guarantees of the Fifth Amendment. For the reasons that follow, we affirm.

I.

A.

Johnny Henderson was the government's star witness at trial and at the subsequent sentencing hearing. Much of his testimony was corroborated by other witnesses. Henderson testified to the following: Henderson, Malcolm Wilson, and defendants Kevin Wilson, Beverly Powell, and Raymond Williams were members of a cocaine conspiracy that sold approximately 400 to 500 kilograms of cocaine in the Flint, Michigan area from 1985 to 1989. Henderson first met Kevin Wilson in 1985 when he and Wilson discussed Henderson's business of running crack houses in Flint, Michigan. Henderson showed Wilson how he made powder cocaine into crack and sold the crack at his crack houses. Wilson formed a business deal with Henderson to supply Henderson with cocaine in order to convert it into crack.

On at least one occasion, Henderson saw Wilson with several kilograms of cocaine. Malcolm Wilson, Kevin Wilson's brother, worked with Kevin to supply Henderson with cocaine. During 1985 to 1987, Malcolm Wilson sold Henderson two kilograms of cocaine a week. When Kevin Wilson was out of town, Henderson paid Malcolm Wilson for the cocaine. Kevin Wilson had his own crack houses, and he hired others to manage the crack houses for him.

On occasion, Malcolm Wilson, Kevin Wilson, and Henderson discussed ways in which they could raise the prices at their crack houses and exchanged information about how to evade the police who were investigating them. They also discussed how they should communicate with each other and agreed to use pager devices rather than the telephone because the telephone lines might be tapped. Kevin Wilson also provided cocaine to at least three other members of the conspiracy who are not involved in this appeal.

In accordance with an agreement between Henderson and Kevin Wilson, at least 90 percent of the cocaine that Henderson acquired from Kevin Wilson was converted into crack. Kevin Wilson once told Henderson that he had made over $400,000 from the sale of cocaine, and Henderson made as much as $10,000 a day from just one of his crack houses. On some occasions, Kevin Wilson and Henderson travelled together to Detroit to buy cocaine for distribution to their crack houses and to other members of the conspiracy.

In 1986, Beverly Powell became active in the cocaine distribution business. She occasionally accompanied Henderson to Detroit to buy cocaine. In addition, other people worked for her and assisted her in picking up cocaine and storing it at various locations. Most of the cocaine that Henderson bought from Kevin and Malcolm Wilson was converted to crack in Beverly Powell's kitchen. Powell also bought cocaine from Henderson.

On December 16, 1988, Flint, Michigan, police stopped the vehicle in which Powell was a passenger. Inside the vehicle in plain view, the officers observed a 9 mm. magazine for a semi-automatic handgun and a white plastic grocery bag subsequently found to contain cocaine. A search of Powell's purse revealed .35 grams of cocaine.

Raymond Williams began working for Henderson in 1985. Henderson sent Williams money in Texas to return to Michigan so that Williams could work at the crack houses in Flint, Michigan. Thereafter, Williams supervised three crack houses in Flint and was responsible for hiring and firing workers at these houses. In addition, Henderson would bring Williams the drugs and money, and Williams would give Henderson the profits and keep Henderson informed about the activities at the crack houses.

B.

Defendants Powell, Williams, and Kevin Wilson along with seven other defendants were indicted under a superceding indictment filed on July 14, 1989. Powell, Williams, and Wilson were charged under Count I with conspiring to distribute cocaine and cocaine base in violation of Title 21 U.S.C. §§ 846 and 841(a)(1). The two remaining counts did not name appellants in this case. The case proceeded to jury trial on May 11, 1990, against five of the defendants named in the superceding indictment including defendants. On June 1, 1990, the jury convicted defendants Powell, Williams, and Kevin Wilson of conspiring to distribute cocaine and cocaine base. ¹ These timely appeals followed.

II.

A.

Defendant Powell argues that the district court erred in denying her motion to suppress evidence when police stopped the vehicle in which she was a passenger and subsequently searched her purse. A district court's factual findings made in consideration of a motion to suppress evidence are to be upheld unless they are clearly erroneous. See United States v. Coleman, 628 F.2d 961, 963 (6th Cir.1980). However, the district court's conclusions of law are subject to de novo review on appeal. See Whitney v. Brown, 882 F.2d 1068, 1071 (6th Cir.1989). The reviewing court is to review the evidence "in the light most likely to support the district court's decision." United States v. Gomez, 846 F.2d 557, 560 (9th Cir.1988).

The facts concerning the seizure of evidence at issue are largely undisputed. Rather, the legal significance of these facts is the primary concern. On December 16, 1988, at approximately 8:00 a.m., Lt. Koger, who was conducting a surveillance in an unrelated drug investigation, observed a black Chrysler limousine pulling out of the driveway at 4708 Fleming Road in Flint, Michigan. Lt. Koger knew that this vehicle was owned by Cicero Bullock. The vehicle had tinted windows on the sides and rear in violation of Michigan Compiled Laws § 257.709. Because he could see through the clear front windshield, Lt. Koger was able to identify Cicero Bullock as the driver. A short time later, while Lt. Koger was still engaged in surveillance of the unrelated matter, he observed the same vehicle driven by Cicero Bullock traveling north on Fleming Road. Lt. Koger discussed his observations over the police radio with Lt. Barksdale and Officer Johnny Goodman. At that time, each officer had reliable information implicating Bullock as a drug trafficker. The following is only a portion of the information known to these officers on December 16, 1988.

On November 28, 1988, an anonymous individual called the Flint Police Department Special Operations Bureau and identified Bullock and Beverly Powell as drug traffickers involved in the sale of large quantities of cocaine in the Flint, Michigan area. This informant indicated that cocaine was stored at the Fleming Road address used by Bullock and that Bullock and Powell made deliveries of cocaine in the morning hours. Bullock had been arrested in the early 1980s more than once for discharging a firearm, and, on one occasion, he was involved in a shootout and was arrested with a shotgun in his car. Another informant considered "very reliable" also indicated that Bullock was involved in trafficking large quantities of drugs. J.A. 88. Further, police officers had seen Bullock's limousine within the preceding two weeks at addresses where the traffic pattern was consistent with narcotics activity.

Johnny Henderson, who had been convicted for a drug offense in Flint on August 1, 1988, indicated that Powell was selling cocaine at the Chevrolet plant in Flint, Michigan, where she worked and that she was making deliveries of cocaine. He also informed the police that she carried a firearm. Another informant advised the police that Powell was involved with "dropping off dope." J.A. 88. Finally, as of December 16, 1988, Bullock, who had several narcotics convictions, was on parole on one of his convictions.

Based on this information, the officers decided to follow Bullock's limousine which pulled into the driveway at Powell's residence, at approximately 9:00 a.m. Powell came out of her house carrying a large black purse and joined Bullock in...