U.S. v. Collins
| Decision Date | 10 September 1992 |
| Docket Number | No. 91-3778,91-3778 |
| Citation | 972 F.2d 1385 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Robert F. COLLINS and John H. Ross, Defendants-Appellants. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Julian R. Murray, Jr., Murray, Braden, Gonzalez & Richardson, Ralph Capitelli, Richard A. Bordelon, Kern A. Reese, New Orleans, La., for Collins.
S.C. Garcia, III, Metairie, La., for Ross.
James M. Cole, Deputy Chief, Raymond N. Hulser, Rod J. Rosenstein, Trial Attys., U.S. Dept. of Justice, Crim. Div., Public Integrity Section, Washington, D.C., Harry Rosenberg, U.S. Atty., New Orleans, La., for U.S.
Appeal from the United States District Court for the Eastern District of Louisiana.
Before KING, JOLLY, and SMITH, Circuit Judges.
Defendants Robert F. Collins, a United States District Judge of the Eastern District of Louisiana, and John H. Ross, Collins's longtime friend, challenge their convictions for bribery, conspiracy, and obstruction of justice. They also challenge the district court's calculation of their sentences. Finding no error, we affirm.
In the summer of 1989, Gary Young was about to be indicted in the Eastern District of Louisiana for his role in a 1985 marihuana importation operation. Two of Young's coconspirators had been indicted, and Young feared that they would implicate him in the operation.
Young's attorney, Frank DeSalvo, informed him that his case would probably be assigned to Collins, as Collins had handled the cases of Young's coconspirators. At this time, Young asked DeSalvo to initiate plea negotiations with the government. He also considered using bribery as a means of solving his problems with the law.
In late August or early September of 1989, a business associate of Young's, John Yemelos, suggested that he contact Ross. Yemelos told Young that Ross might be able to help him bribe Collins. Young was already familiar with Ross, as he had had corrupt dealings with him in the past. On Yemelos's suggestion, Young called Ross in early September to arrange a meeting.
That meeting took place on September 14. Ross told Young that he was very close to Collins and could take care of the matter. Ross was concerned, however, that he had not received the money Young owed him from their last payoff deal--a scheme that involved Yemelos as well. In addition, Ross told Young that he would have to go through Yemelos if he wanted his help.
Young called Yemelos the next day and told him of his conversation with Ross. Young did not hear from Ross again for about two weeks. During this time, Young made up his mind to cooperate with the government and to sign a plea agreement. DeSalvo already had met with federal authorities to discuss the possibility.
Young signed a plea agreement on September 27. At this point, the authorities expected Young to cooperate with regard to drug traffickers.
On September 28, Yemelos contacted Young to set up a meeting for later that day to discuss Ross. Young told DeSalvo that he had been contacted, and DeSalvo contacted the federal authorities. Special Agent Freddy Cleveland of the Federal Bureau of Investigation ("FBI") then contacted Young.
Young told Cleveland that he had been contacted by Yemelos about Ross. He also told him about his prior corrupt dealings with Ross and about Ross's suggestion that he could help him with Collins. Young offered to tape his upcoming meeting with Yemelos, but Cleveland told him that he could not obtain permission to do so on such short notice. Young taped the meeting anyway, without Cleveland's knowledge.
At the meeting, Young asked Yemelos to arrange a meeting with Ross; Yemelos set up a meeting for the next day, September 29. For this meeting, the FBI fitted Young with a hidden recording device.
Young, Yemelos, and Ross met on September 29 in Yemelos's office. In a conversation out of the presence of Yemelos, Young and Ross struck a deal to bribe Collins. Ross confirmed that he could help Young if his case were assigned to Collins, stating that "I want to make sure that he's gonna have the case." Ross promised to "try not to get you any jail time." In exchange, Young agreed to pay Ross $100,000. Ross asked for $5,000 right away and stated that Young could pay in installments, saying "we can start off with 2500." Young promised to get Ross $2,500 in the next week or so. He then paid Ross the $1,400 he owed from their last payoff deal and gave him $100 that was "extra."
Young paid Ross the initial $5,000 in three installments: $2,500 on October 11, $1,500 on October 19, and $1,000 on October 25. 1 Young and Ross also met on October 12, at which time Ross reminded Young that he could help him only if his case were assigned to Collins. Ross stated that "our arrangement is based upon getting it into his court" and that "I'm only committed to Collins."
After the October 12 meeting, the FBI referred the investigation to the Public Integrity Section of the Justice Department, as it involved potential wrongdoing by a federal judge. On November 30, the Public Integrity Section notified Fifth Circuit Chief Judge Charles Clark of the allegations against Collins. Chief Judge Clark then assigned Fifth Circuit Judge John M. Duhe to oversee the investigation.
Ross and Young met on January 22, 1990, to discuss the prospect of obtaining help from Collins. In a telephone conversation of February 1, Ross told Young that he had met with Collins on January 29 and that they had had "a nice chat." Ross stated that
On March 16, the government activated pen registers and trap-and-trace devices on telephones located in Ross's office at the Regional Planning Commission ("RPC"), his private real estate office, and his home. These actions were authorized by Judge Duhe. On April 5, Young was indicted on three drug-related counts in the Eastern District of Louisiana pursuant to the September 27 plea agreement. The case was randomly assigned to Judge Patrick Carr. On April 25, Young met with Ross and showed him the indictment. Young told Ross that DeSalvo was preparing a motion to transfer the case to Collins. Ross again confirmed that getting the case to Collins was the critical part of the bargain, stating,
Ross also confirmed that he had mentioned the "situation" to Collins, who had told Ross to let him know when the matter would come up. Ross stated that once the transfer motion was filed, "I'm going to see Collins and tell him ... to ask for the case ... well what I mean by ask was, not to refuse to accept the case." Ross told Young that "as soon as you hear that Collins got the case you get on your knees and thank God."
On May 16, Young met with Ross and told him that DeSalvo and Assistant United States Attorney Albert Winters had scheduled a telephone conference call with Collins for the next day, May 17, to discuss whether Collins would accept Young's case. In Young's presence, Ross placed a call to Collins's chambers in New Orleans and talked with his secretary. He asked her to let "Bob" know that he needed to see him the following day.
Later that day, Young again met with Ross and gave him $2,500. 2 Ross told Young, "I'm gonna take him to lunch, and I'm gonna work out some arrangements." Young told Ross that he would get Ross whatever he needed, and Ross responded that "you know what you had agreed to, so I'm working out of that."
The next day, May 17, Ross had lunch with Collins at Pete's Pub at the Hotel Intercontinental in New Orleans. After lunch, Ross called Young and told him that he had had a two-hour lunch with their "friend" who "gave me his direct number so I can call him ... later on this afternoon ... after he's had a discussion with a few people on the telephone."
At 5:36 p.m. later that same day, Collins, DeSalvo, and Winters conducted the scheduled conference call, during which Collins agreed to take Young's case. At 5:47 p.m., Ross placed a call to Collins, using Collins's private chambers line for the first time. Immediately thereafter, Ross called Young to tell him that Collins had accepted his case.
On May 18, Ross told Young that he had made some commitments based upon what Young had told him previously. Referring to Collins, Ross said, "He wants at least 50 percent before ... you know, 50 now and 50 after he does what he's going to do." Ross added, Young stated that he could have $20,000 by the following Wednesday, May 23. Ross replied, Immediately thereafter, Ross placed a call to Collins's chambers.
At this point, Judge Duhe granted the government's application to place a wiretap on Ross's private office and home telephone lines. The wiretaps became operational on those lines on May 21 and May 22, respectively.
On May 23, Young met Ross in his RPC office and gave him $20,000 in prerecorded bills; they agreed that Young would pay another $30,000 the following Wednesday, May 30. Soon after Young left Ross's office, Ross dialed Collins's private chambers number six times in two hours. When he finally reached Collins, he said he needed to see him to "talk about the property," adding, "I have an estimate for you." Collins replied, They agreed they would talk again later in order to arrange a meeting.
A couple of hours later, Ross called Collins again. Collins suggested that they meet at Pete's Pub to have a drink. Ross replied, "Uh, I don't have no problem with that, uh, I need, I uh, would I be able, to de--, deliver those estimates to you?" Collins replied, "Yeah ......
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