U.S. v. Blaylock
| Citation | 421 F.3d 758 |
| Decision Date | 31 August 2005 |
| Docket Number | No. 04-1535.,04-1535. |
| Parties | UNITED STATES of America, Appellee, v. Eugene Arthur BLAYLOCK, Appellant. |
| Court | United States Courts of Appeals. United States Court of Appeals (8th Circuit) |
B. Glaser, argued, Minneapolis, MN, for appellant.
James Dixon, argued, Asst. U.S. Atty., Minneapolis, MN, for appellee.
Before ARNOLD, BEAM; and RILEY, Circuit Judges.
Eugene Arthur Blaylock (Blaylock) appeals his conviction. In a superceding indictment, the government charged Blaylock with three counts: conspiracy to distribute methamphetamine and ecstasy (Count I), aiding and abetting possession with intent to distribute methamphetamine (Count V), and aiding and abetting possession with intent to distribute ecstasy (Count VI). A jury acquitted Blaylock of Counts I and VI, but found Blaylock guilty of Count V for 50 or more grams of actual methamphetamine. The district court1 sentenced Blaylock to 120 months' imprisonment and five years' supervised release. Blaylock assigns numerous errors, including (1) the district court's denial of his pretrial severance and suppression motions; (2) the denial of a fair trial due to the prosecutor's peremptory challenge of a prospective juror based on sexual orientation; (3) the denial of his right to call witnesses on his behalf; (4) the improper admission at trial of his previously suppressed statement to police; (5) insufficiency of evidence to support his conviction; and (6) the cumulative effect of pretrial and trial errors, which prejudiced his right to a fair trial. Finding no reversible errors, we affirm.
Originally from Texas, Blaylock lived in Dallas when he first met co-defendants Jason Haslip (Haslip) and Timothy Ehrmann (Ehrmann) at a fund raiser in Austin on Memorial Day weekend in 2001. After their initial meeting, Blaylock saw Haslip and Ehrmann at various fund raisers and circuit parties2 in July and September 2001. At these events, Blaylock, Haslip, and Ehrmann engaged in recreational drug use, sharing personal quantities of ecstasy, ketamine, and methamphetamine. In between events Blaylock kept in touch via e-mail and telephone with Haslip and Ehrmann, who lived in Minneapolis.
In late April 2002, Ehrmann telephoned Blaylock and told him he was planning to vacation in Arizona and would try to stop in Dallas on his return trip to Minneapolis. On May 10, Ehrmann sent Blaylock an e-mail message stating, "I apologize for not getting those samples down to you." The e-mail message informed Blaylock that Ehrmann might travel to Dallas on the weekend of May 19 and stay a few days. The same e-mail message ended stating, "If that happens, and you choose to meet up, I will bring them with me."
On May 18, Blaylock sent Ehrmann an e-mail message stating, On June 1, Ehrmann called Blaylock from Arizona, telling Blaylock he would be driving back to Minneapolis and, if feasible, would stop in Dallas. Ehrmann invited Blaylock to accompany him to Minneapolis via Chicago, where Ehrmann would show Blaylock a couple of the clubs. Ehrmann explained to Blaylock that he would stay in Minneapolis for a week to ten days, and then Ehrmann would fly Blaylock back to Dallas.
Ehrmann arrived in Dallas with co-defendant Jimmie Orr (Orr) on Sunday, June 2. They met Blaylock in a parking lot, where Blaylock left his vehicle and joined Ehrmann and Orr. Later that evening, the three checked into a club, where they spent the night. On the same evening, Blaylock ingested some ecstasy supplied by Ehrmann. The following day, instead of driving north, the three drove west to Phoenix. Once they arrived in Phoenix, Orr retrieved his bags from the car and disappeared.
Ehrmann and Blaylock spent five days in Phoenix and Scottsdale. Blaylock vacationed, while Ehrmann worked on locating Orr. On three or four occasions during his layover in Phoenix, Blaylock used methamphetamine supplied by Ehrmann. Blaylock saw a "small baggie, kind of puffy, full of white crystal meth," which he characterized as being a personal use amount. On June 5, Blaylock agreed to cash two large checks for Ehrmann. The first check was made out to "Butch Eugene Blaylock" in the amount of $4,000 and was dated June 4, 2002. Blaylock cashed the check and delivered the proceeds to Ehrmann. Several hours later, Blaylock cashed a second check made payable to him in the amount of $3,500 and gave the proceeds to Ehrmann. After several days in Phoenix, Ehrmann located Orr, who decided to return to Minnesota in a separate vehicle. Ehrmann and Blaylock made plans to drive from Phoenix to Minneapolis with a brief stop in Chicago.
On June 8, Ehrmann and Blaylock left Phoenix in a car rented by Ehrmann and headed for Chicago. Blaylock was driving on Interstate 40, when Arizona State Trooper Anthony Gerard (Trooper Gerard) clocked the vehicle traveling at ninety-four miles per hour, nineteen miles per hour over the maximum speed limit. After stopping the vehicle, Blaylock gave Trooper Gerard his Texas driver's license and the car rental agreement signed by Ehrmann. Blaylock complied with Trooper Gerard's requests to exit the vehicle and walk back to the patrol car. Trooper Gerard asked Blaylock his purpose in traveling to Arizona, and Blaylock replied that he and Ehrmann had gone to Phoenix "to hang out." Blaylock also told Trooper Gerard he was unemployed. Trooper Gerard issued Blaylock a speeding ticket, returned his documents, and advised him he was free to go.
While Blaylock was walking back to the rental vehicle, Trooper Gerard asked Blaylock if he would answer a few more questions. Blaylock agreed and returned to the patrol car. Trooper Gerard told Blaylock there was a problem with drugs being transported along the interstate, and asked Blaylock whether any illegal drugs were inside the car. When Blaylock answered in the negative, Trooper Gerard asked Blaylock for permission to search the vehicle, and, after briefly pausing, Blaylock consented. Blaylock returned to the rental vehicle to retrieve the keys from the ignition. After conversing briefly with Ehrmann, Blaylock told Trooper Gerard that Ehrmann did not want Trooper Gerard to search the car, and advised Trooper Gerard he would need to speak with Ehrmann. To secure his personal safety, Trooper Gerard directed Blaylock to stay by the driver's door.
Trooper Gerard then approached the passenger side of the rental vehicle and spoke with Ehrmann, who told Trooper Gerard he was in a hurry and did not want Trooper Gerard to search the car. When Trooper Gerard assured Ehrmann it would only take five minutes to search the car, Ehrmann changed the basis of his objection and told Trooper Gerard a search would invade his privacy. As Ehrmann was voicing his objections, Trooper Gerard observed Ehrmann flipping his seat belt back and forth and noticed Ehrmann's hands were shaking. Trooper Gerard then asked Ehrmann whether any illegal drugs were in the car, at which point Ehrmann's right eyebrow began quivering uncontrollably and his right arm started shaking.
Suspecting criminal activity was afoot, Trooper Gerard called a canine unit, which arrived at the scene approximately seventeen minutes later. A drug-sniffing dog alerted to the vehicle's trunk. When Trooper Gerard searched the trunk, he recovered a large black duffle bag with two packages containing approximately a pound of a white crystal substance that field tested positive for methamphetamine, and also found ten ecstasy tablets, a digital scale, and $520 inside a smaller black duffle bag. Following the search, Blaylock and Ehrmann were arrested.
Immediately upon being arrested, Blaylock told a detective he should talk with a lawyer, but then agreed to proceed with an interview. During the interview, Blaylock admitted "he knew all, everything that was going on." Blaylock told the detective he knew Ehrmann was coming to Phoenix to buy a "high amount" of methamphetamine. Blaylock also told the detective the trip to Chicago had been delayed two or three days because "things were not falling into place." Blaylock explained to the detective he was traveling with Ehrmann because Blaylock was contemplating the idea of selling drugs, and he was using his vacation with Ehrmann to see if Ehrmann could set him up and see where the business would go.
A grand jury indicted Blaylock and five other co-defendants on federal drug trafficking charges. Blaylock pled not guilty and proceeded to trial along with four of the other co-defendants. Before trial, Blaylock moved to suppress the evidence obtained during the vehicle search and his post-arrest statements. The district court adopted the magistrate judge's recommendations and denied the motion to suppress the fruits of the vehicle search, but granted the motion to suppress Blaylock's post-arrest statements, which had been obtained in violation of the Sixth Amendment.
Trial lasted three weeks and included testimony from thirty witnesses and the admission of more than 100 exhibits. Co-defendant Orr pled guilty and agreed to testify as a cooperating government witness. Orr testified Ehrmann purchased a pound of methamphetamine in Phoenix, and Orr saw the pound of methamphetamine in the sitting area of the hotel room Ehrmann shared with Blaylock. Orr testified Blaylock was asleep in the room while Orr and Ehrmann discussed the methamphetamine transaction. Orr also testified Ehrmann told him that Ehrmann intended to help out Blaylock financially through some future transactions in Ohio, Chicago, and Minneapolis, and Blaylock would help Ehrmann get rid of some drugs. On cross-examination, Orr admitted he had never told any law enforcement officers...
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