U.S. v. Cannington

• Decision Date: 09 April 1984
• Docket Number: No. 82-7250,82-7250
• Citation: 729 F.2d 702
• Parties: 15 Fed. R. Evid. Serv. 922 UNITED STATES of America, Plaintiff-Appellee, v. Freddie L. CANNINGTON, J. Buddy Raez a/k/a Buddy Hand a/k/a Buddy Cannington, Defendants-Appellants.
• Court: U.S. Court of Appeals — Eleventh Circuit

Page 702

729 F.2d 702

15 Fed. R. Evid. Serv. 922

UNITED STATES of America, Plaintiff-Appellee, v. Freddie L. CANNINGTON, J. Buddy Raez a/k/a Buddy Hand a/k/a

Buddy Cannington, Defendants-Appellants.

No. 82-7250.

United States Court of Appeals, Eleventh Circuit.

April 9, 1984.

Edward R. Shohat, Benedict P. Kuehne, Miami, Fla., for F. Cannington.

Frank Petrella, Atlanta, Ga., for Raez.

Gloria C. Phares, Appellate Section, Crim. Div., Dept. of Justice, Washington, D.C., for the U.S.

Appeals from the United States District Court for the Southern District of Alabama.

Before FAY and HENDERSON, Circuit Judges, and BOYLE ^*, District Judge.

FAY, Circuit Judge:

Following a jury trial in the United States District Court for the Southern District of Alabama, appellants Freddie Cannington and Rollie Stankowitz were convicted of conspiracy to import marijuana, in violation of 21 U.S.C. Sec. 963 (1980); importation of marijuana, in violation of 21 U.S.C. Sec. 952(a) (1980); and conspiracy to distribute and to possess marijuana with intent to distribute, in violation of 21 U.S.C. Sec. 846 (1980). In addition, Stankowitz ¹ was convicted of distribution of and possession with intent to distribute marijuana, in violation of 21 U.S.C. Sec. 841(a)(1). ² The appellants each received a consecutive sentence. ³ On appeal, Cannington and Stankowitz challenge the sufficiency of the evidence adduced at trial and allege numerous errors in the conduct of their joint trial. ⁴ Finding no merit in any of appellants' contentions, we affirm.

I. THE VOYAGE OF THE STACEY LAMAR

The evidence presented at trial showed that a group of shrimpers in the coastal The upshot of these early discussions was a meeting in late January or early February, 1981, attended by Cannington, Styron, Parker, Bob Taylor, and Terry Farmer at the Bon Secour fire station. During the meeting, a "deal" was agreed upon. The conspirators discussed the general organization of the scheme and the size and schedule of the shipment. They planned for the boat to depart in four to five weeks, and they estimated that it could hold 20,000-30,000 pounds of marijuana. They agreed that Farmer and Taylor would provide the boat, the "STACEY LAMAR," and would arrange for a crew. Styron and Parker were responsible for unloading the boat and storing the marijuana. ⁶ Because he had contacts in Colombia, Cannington was charged with arranging for the buy at the Colombian end, for loading the boat in Colombia, and for disposing of the marijuana following its storage in this country. In addition, Cannington and Stankowitz were to be the financial backers for the entire project.

                town of Bon Secour, (Baldwin County), Alabama conspired with other Baldwin County citizens and appellants to import and distribute marijuana.  The appellants' central role in the enterprise was to provide financial backing and a source of marijuana. 5   The scheme began in early 1981, when Bon Secour residents James Parker and Gene Mayson approached Sam Styron, a town resident, told him that they had a boat available and asked Styron whether he knew of anyone who could arrange for a load of marijuana to be transported from Colombia.  Styron in turn discussed the proposition with Cannington, who was passing through Foley, Alabama en route from Florida to Alaska
                

Final payment to the co-conspirators would be made later from the proceeds of the marijuana sales. It was agreed that Farmer and Taylor would receive $600,000 from which they would pay the crew. Styron expected to receive $500,000 from which he was to pay Parker and Mayson $50,000 each.

During the planning stages for the voyage (February and March, 1981), Cannington was registered at the Holiday Inn in Gulf Shores, Alabama. Stankowitz was registered first briefly at the Gulf Shores Holiday Inn and then at the Passport Inn, located several blocks from the Holiday Inn. ⁷ Both Cannington and Stankowitz attended numerous meetings of the conspirators, during which the conspirators planned more particularly the boat's destination, purpose and departure date. Farmer and Taylor also discussed how much front money would be provided to outfit the boat. They ultimately received $20,000 from Cannington.

At a later meeting, the conspirators enlisted co-defendants Robert Stewart and Roland Howell, Baldwin County deputy sheriffs, to provide "protection," i.e., to warn the conspirators of law enforcement surveillance of their operation. Cannington originally agreed to pay $75,000 for this protection, but later promised a bonus of $150,000 because of the high quality of the "intelligence." Five of the conspirators later contributed $1,000 each as front money for "security" purposes.

The "STACEY LAMAR," with her name changed to "CIPOLO GAL," left for Colombia about March 1, 1981. When the Colombians still had not made radio contact with the boat two days after its scheduled arrival, ⁸ Cannington, Stankowitz, Farmer While in Miami, Cannington bought Farmer an airline ticket to Barranquilla, Colombia. Cannington and Taylor then flew back to Gulf Shores, Alabama. The plane's return to the airport in Gulf Shores on March 13, 1981 was observed by United States Customs Agent Michael Ciaurro, who had been alerted to suspected drug trafficking by a deputy sheriff who had observed the plane's departure. Cannington and Stankowitz then proceeded to the Passport Inn, where Stankowitz was then registered.

and Taylor, with Cannington as pilot of a private plane, flew to Miami. The next day they took the plane up to 10,000 feet, where they radioed the boat and learned that it was safe. When the plane landed again in Miami, Cannington's contact, "Al," phoned the Colombians who reported that they were still unable to contact the boat. The three then took the plane up again, contacted the boat, and told the boat to stand by offshore until the three arrived with another radio.

The observation of the plane by the law enforcement officer provoked an emergency meeting of the conspirators. Several of the participants, including Cannington and Stankowitz, met behind a "Junior's" Food Store located just on the Florida side of the Florida-Alabama border. Because the police had a description of appellants' car, the conspirators used a radio scanner en route to the meeting to monitor the police frequencies and elude detection. At the meeting, Stewart and Howell reported that the police suspected the plane's occupants of drug trafficking. The conspirators considered calling off the deal, but decided to proceed in accordance with Stewart's advice that Cannington and Stankowitz should buy a radio scanner with DEA and Mississippi law enforcement frequencies and subsequently move their location to Mississippi to divert the attention of the law enforcement officers from Baldwin County.

Following the meeting behind "Junior's," Cannington and Stankowitz checked out of their hotels in Gulf Shores and registered in separate hotels in Biloxi, Mississippi. Cannington and Stankowitz met often during their stay in Biloxi, and they both checked out of their hotels in the middle of the night shortly before the delivery of the marijuana.

In the meantime, Farmer had travelled to Barranquilla, taking with him a radio for contacting the "STACEY LAMAR." He made contact with two Colombians, one of whom was named Eduardo. Upon his arrival, Farmer straightened out the radio equipment, contacted the "STACEY LAMAR" and provided directions for loading the marijuana. From a house where the marijuana was stored, Farmer observed as a dozen small boats ferried the marijuana to the "STACEY LAMAR." The next day Farmer flew to New Orleans and was met by Taylor.

Farmer and Taylor drove to Biloxi where they rendezvoused with Cannington. Cannington explained that the Biloxi move was intended to divert police attention. At this meeting, Farmer related a conversation which he had had in Colombia with the conspirator referred to as "Eduardo." Eduardo had advised Farmer that Cannington should sell the marijuana because Cannington always sold it in large quantities, thus enabling the conspirators to receive their money quickly. Farmer also relayed Eduardo's directive that Cannington should not let "Buddy" (Stankowitz) have the marijuana, because "Buddy" sold it in smaller amounts and did not get as high a price. Cannington's response to Farmer was that he could not do much about the situation, because "Buddy" was "backing the deal." Cannington stated that because it was "Buddy's" money which was being used, "the money was his too."

The "STACEY LAMAR" made its way back into Mobile Bay in the early hours of March 31, 1981. Because of fog, its destination was diverted to adjacent Weeks Bay where it was met by four men in skiffs who began unloading the bales of marijuana and ferrying the bales to shore. Because they were running late, the unloading was not concluded before daybreak.

Responding to a report from private citizens that marijuana was being loaded onto a truck in the Weeks Bay area, a Baldwin County sheriff drove to Weeks Bay. Along the way, the sheriff encountered a truck matching the description given and stopped it. The truck was driven by Styron's brother, Calvert Styron, who consented to its inspection. Several bales of marijuana were found inside the truck, and Calvert Styron was arrested.

The captain of the "STACEY LAMAR," hearing by radio that the truck "had been busted," weighed anchor and headed toward the mouth of Mobile Bay until the boat went aground. The captain and his crew then jumped into the water, using a remaining bale of marijuana as a life raft. The captain left the boat running and paddled out into the bay. He was picked up by the Corps of Engineers and later arrested by the Coast Guard. The entire shipment of marijuana ultimately seized from the "STACEY LAMAR" weighed 29,060 pounds.

II. SUFFICIENCY OF THE EVIDENCE ⁹

Appellant Cannington contends that the evidence was insufficient to support...