U.S. v. Carson

• Decision Date: 15 December 1993
• Docket Number: Nos. 91-3589,91-3939 and 92-2559,91-3633,91-3626,s. 91-3589
• Citation: 9 F.3d 576
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Joseph B. CARSON, John K. Lanter, Wilbert Hall, Aaron Hall, and Ronald L. Flaugher, Defendants-Appellants.
• Court: U.S. Court of Appeals — Seventh Circuit

Page 576

9 F.3d 576

UNITED STATES of America, Plaintiff-Appellee, v. Joseph B. CARSON, John K. Lanter, Wilbert Hall, Aaron Hall and Ronald L. Flaugher, Defendants-Appellants.

Nos. 91-3589, 91-3626, 91-3633, 91-3939 and 92-2559.

United States Court of Appeals Seventh Circuit.

Argued April 7, 1993.

Decided Oct. 21, 1993.

Rehearing and Suggestion for Rehearing En Banc Denied Dec. 15, 1993.

Michael Jude Quinley (argued), Office of the U.S. Atty., Crim. Div., Fairview Heights, IL, for U.S.

Peter Stragand (argued), Stragand & Tanner, St. Louis, MO, for Joseph B. Carson.

Marqua McGull-Billingsley (argued), East St. Louis, IL, for John K. Lanter.

James W. Ackerman (argued), Springfield, IL, for Wilbert Hall.

James Hackett (argued), Edwardsville, IL, for Aaron Hall.

Stephen R. Rice (argued), Belleville, IL, for Ronald L. Flaugher.

Before EASTERBROOK and KANNE, Circuit Judges, and ENGEL, Senior Circuit Judge. ^*

KANNE, Circuit Judge.

A superseding indictment charged each defendant with conspiring to distribute five kilograms or more of cocaine, in violation of 18 U.S.C. Sec. 2 and 21 U.S.C. Secs. 841(a)(1) and 846, and with using or carrying a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. Secs. 2 and 924(c). Defendants Lanter, Wilbert ("Will") and Aaron Hall, and Flaugher were also charged with possession of firearms as convicted felons, in violation of 18 U.S.C. Secs. 2, 922(g), and 924(a)(2). Two trials followed. The Hall brothers were tried with Flaugher; Lanter was tried with Carson. In the first trial, the jury convicted the Halls and Flaugher of all counts. The jury in the second trial convicted Lanter of all counts, and convicted Carson of the two counts with which he was charged.

Sentencing followed. Lanter and Will Hall were each sentenced to 420 months in prison. Aaron Hall was sentenced to 322 months; Flaugher to 235 months; Carson to 181 months. The defendants appeal, summoning an assortment of claims against their convictions and sentences. Not all of the challenges merit discussion. We address those that do, focusing primarily on the issues raised at oral argument. The convictions and sentences of Lanter, Carson, Aaron Hall and Flaugher withstand all claims of error and are therefore affirmed. Will Hall's conviction is affirmed, but his sentence must be vacated and his case remanded for resentencing.

I.

In essence, this is a story of friends, relatives, and the drug trade. The following is supported by the evidence presented at the trials, yet is by no means an exhaustive account of the defendants' activities. In 1987, John Lanter and long-time friend James Dant began selling cocaine. Dant picked up cocaine in Florida and distributed it to Lanter's dealers in southern Illinois. One of these dealers was Will Hall. Dant met Ronald Flaugher through Lanter. When Lanter went to prison in 1987, Flaugher supplied cocaine to Lanter's brother, who carried on the distribution business in John's absence.

James Harris, a distributor, bought cocaine from Will and Aaron Hall on several occasions. The three men made three or four trips to Chicago to purchase kilogram quantities of the drug. Through the Halls, Harris met Lanter, whom Will described as his supplier. Harris also met Joseph Carson, whom Will supplied with ounce quantities of cocaine on at least two occasions in 1989 or 1990. Tracy Vinson, another distributor, travelled to Chicago with Will Hall to purchase cocaine. On one occasion she received an ounce of crack cocaine from Aaron Hall, for which she later repaid Will.

In the spring of 1990, an agent of the Illinois State Police introduced Joseph Sterkis to the DEA. Sterkis had information concerning drug trafficking in southern Illinois. The DEA made Sterkis a paid confidential informant, and thus began a six month investigation into the doings of John Lanter. Sterkis had known Lanter for several years in Breese, Illinois, and had worked with him in the construction business. In addition, around 1980, Sterkis began selling cocaine and marijuana to Lanter when Sterkis was in need of money. After 1987, the sales stopped, though Sterkis remained in contact with Lanter. In 1989, Sterkis was investigated in connection with a homicide. He traveled to Miami, Florida and worked for a time in a shop owned by Lanter. Later, when Sterkis returned to Illinois in 1990, Lanter arranged for him to stay with the Hall brothers in East St. Louis.

The goal of the DEA's investigation was to have Sterkis buy cocaine from Lanter. To this end, in June 1990, the DEA had Sterkis meet with Lanter. Over the next several weeks more meetings were held and phone calls made to discuss deals. Sterkis was fitted with a recording device for some of the meetings, which were taped. The DEA also made recordings of telephone calls between the two men. On July 6, 1990, Lanter told Sterkis that he had obtained cocaine from Will and Aaron Hall, but was not able to contact Flaugher. Later that day, Sterkis purchased four ounces of cocaine from Lanter. On August 13, Sterkis purchased another four ounces, which Lanter said came from the Halls. Lanter added that he could get money for drugs from the Hall brothers, as well as from Ronald Flaugher.

On September 13, Sterkis met with Lanter in Carlyle, Illinois, and proposed the sale of five kilograms of cocaine for $100,000. Sterkis (who is represented in the transcript of recordings as "CS") then asked about Flaugher and Will Hall:

CS: You, you, you can get, you can get five of [']em for a hundred, that's twenty a piece.

LANTER: Five of 'em for hundred thousand.

CS: Just see what you can get together, talk to FLAUGHER? What do you think he can get together?

LANTER: He didn't know, he's gotta go check he's supposed to if he wants to do it, he's gonna call me and talk about something stupid.

CS: Throw it off. So you ain't got, what about WILL?

LANTER: He ain't got a lot of money right now. He's got a bunch and he's got to move that first. And then ...

CS: I see.

LANTER: ... go with it.

CS: Well ...

LANTER: Well, just get a price, five for a hundred.

CS: Well, five, five for a hundred, yeah.

LANTER: O.K.

On November 18, Sterkis received a note from Lanter that read, "Joe call me at home or in truck 973 6402 / got stuff together on 5 100." Two days later, Sterkis called Lanter, who indicated that he had raised the money but did not have it in his possession. The next day, the two met and arranged for the deal to take place on November 30 in a parking lot of a Venture Store located on Highway 111 across from a Clark gas station. Lanter told Sterkis that they stood to make $5,000 from the sale because he had told his buyers that the price was $22,000 a kilogram.

On November 30, Lanter and Sterkis travelled first to Lanter's home near Keyesport Illinois, where Lanter changed cars. ¹ He informed Sterkis that he had to pick up $50,000 from Flaugher at a Hardee's restaurant on Interstate 270, adding that he would distribute Flaugher's cocaine. Lanter also indicated that Will Hall would provide another $50,000. When Lanter asked if they should carry guns, Sterkis said that he would not, adding "it's up to you, you know, if you got one, don't be flashin it, you know."

Lanter dropped Sterkis off at an Amoco gas station near the Hardee's restaurant. He then drove to the restaurant's parking lot and met for a few minutes with Flaugher in Flaugher's pickup truck. When he returned to the Amoco station to pick up Sterkis, Lanter had a bag containing ten bundles of $5,000 each. Lanter reported that Flaugher wanted to obtain an additional two kilograms of cocaine, and that he would meet Flaugher later in the afternoon.

Lanter and Sterkis then drove to a Hen House restaurant near Interstates 64 and 157, where they met with two undercover agents who showed Lanter the five kilograms of cocaine. From there, Lanter and Sterkis travelled to the Mid City Pallet Company, where Will and Aaron Hall worked, and then to Aaron Hall's house. At the house, Lanter gave Aaron a listening device and explained how it operated. The three men then returned to the Pallet Company, where Will and Aaron each gave Lanter $5,000. Aaron disappeared behind a building and returned with a jar he had unearthed. The jar was filled with money, supposedly an additional $40,000. ² Will then asked Lanter to show them the $50,000 he had. Lanter did so.

Another man whom Sterkis did not know was present as money was being discussed. Lanter told him the man was Joseph Carson. Carson told Will Hall that there were "strangers in the neighborhood" and described where they were located and their vehicles. Carson then drove Will around the block past one of the agents on stake out at the Pallet Company. The Hall brothers mentioned to Lanter that they had an uneasy feeling and that the deal should be called off.

Instead, Lanter and Sterkis left the pallet yard with the money, followed by the Hall brothers in a blue pickup truck. Carson followed the Halls in his rose colored sedan. The three vehicles travelled together until, on the road leading to the Venture Store, they separated. Lanter and Sterkis continued to the Clark gas station across from the Venture parking lot. They were met there shortly by Will and Aaron. Carson then arrived and spoke to Will. The three vehicles left for the Venture parking lot, where Carson and Aaron Hall parked within a few rows of each other facing the same direction. All the men were promptly arrested by DEA agents.

The following items were seized from Lanter and his vehicle: a wireless transmitter; a .38 caliber Colt semi-automatic pistol with five rounds in the clip; a spare clip carrying an additional five rounds; the glass jar filled with money; a bag containing $10,000 in loose currency and $50,000 in ten bundles of $5,000 each; and a small amount of marijuana. From Aaron Hall and his pickup truck: a wireless receiver and earplug; a 9mm Luger...