U.S. v. Champion
| Decision Date | 06 April 1987 |
| Docket Number | No. 85-5693,85-5693 |
| Citation | 813 F.2d 1154 |
| Parties | 22 Fed. R. Evid. Serv. 1399 UNITED STATES of America, Plaintiff-Appellee, v. Stanford CHAMPION, Gene Slusser, Eldon L. Morgan, Jr., Lester Spainhoward, Jr., Defendants-Appellants. |
| Court | U.S. Court of Appeals — Eleventh Circuit |
Charles G. White, Miami, Fla., for Champion
George dePozsgay, Howard, Brawner, Lovett & dePozsgay, Miami, Fla., for Slusser.
Linda L. Carroll, Miami, Fla., for Morgan.
Fred A. Schwartz, Entin, Schwartz, Barbakoff & Schwartz, Ron A. Dion, Miami, Fla., for Spainhoward.
Leon B. Kellner, U.S. Atty., Richard Harris, David Leiwant, Sonia O'Donnell, Asst. U.S. Attys., Miami, Fla., for the U.S.
Appeal from the United States District Court for the Southern District of Florida.
Before KRAVITCH and HATCHETT, Circuit Judges, and MORGAN, Senior Circuit Judge.
A large marijuana importation conspiracy that spanned more than four years and allegedly involved at least twenty attempts to transport marijuana by small aircraft from Jamaica into south Florida forms the basis of this appeal. Some of these alleged "loads" were charged, others were not. The "hub" of the conspiracy was appellant Stanford Champion (Stan) who allegedly worked with the nineteen indicted codefendants, and other unindicted individuals, including several government's witnesses, among whom were two of Stan's brothers, to accomplish his drug dealing aspirations.
Stan was convicted of twenty-two of the thirty-five counts in the indictment. Count 1 charged that from an unknown date prior to December 1979 and continuing through September 1984, Stan and his codefendants "did knowingly and intentionally combine, conspire, confederate and agree with each other and with persons known and unknown to the Grand Jury to commit an offense against the United States" in violation of 21 U.S.C. Secs. 952(a) and 960(a)(1). The purpose and object of this alleged conspiracy was to import marijuana into the United States, in violation of 21 U.S.C. Sec. 963. Stan was also convicted of several substantive counts of importing marijuana into the United States in violation of 21 U.S.C. Secs. 952(a) and 960(a)(1) and 18 U.S.C. Sec. 2. These importation convictions included: August 2, 1980, in Glades County, Florida (Count 2); May 5, 1982, in Glades County, Florida (Count 10); October 6, 1982, in Highlands County, Florida (Count 12); April-May 1981 in Dade County, Florida (Count 18); June 23, 1982, in Dade and St. Lucie Counties, Florida (Count 20); July 5, 1982, in Dade and St. Lucie Counties, Florida (Count 22); December 11, 1982, in Dade County, Florida (Count 26); July 10, 1983, in Dade County, Florida (Count 28); and October 8, 1983, in Dade County, Florida (Count 30). In addition, Stan was convicted of the substantive offense of possession of marijuana with intent to distribute in violation of 21 U.S.C. Sec. 841(a)(1) and 18 U.S.C. Sec. 2 on each date upon which he was convicted of importation (Counts 3, 11, 13, 19, 21, 23, 27, 29, and 31). Finally, Stan was convicted of three counts of using a telephone to facilitate the commission of the felonies of conspiracy to import marijuana into the United States and conspiracy to possess marijuana with intent to distribute, in violation of 21 U.S.C. Sec. 843(b) (Counts 32, 33, and 34). Stan was sentenced to a total of thirteen years in prison followed by a five year special parole term and a $15,000 fine.
Appellants Eugene Slusser, Lester Spainhoward, and Eldon Levi Morgan all were convicted of the conspiracy count (Count 1). In addition, appellant Slusser was convicted of the April-May 1981 importation and possession with intent to distribute counts (Counts 18 and 19). 1 Slusser was sentenced to twenty-four months imprisonment followed by two years special parole to run consecutively with three years probation. Spainhoward was sentenced to twenty-two months imprisonment. Morgan was sentenced to five years imprisonment, but the court suspended part of the sentence and ordered, pursuant to 18 U.S.C. Sec. 3651, that Morgan serve six months in prison followed by three years probation and a $1000 fine.
A detailed discussion of the lengthy facts of this case is necessary because many of the issues on appeal concern prejudicial variances between the indictment and proof at trial. Accordingly, we discuss evidence from the record as to each of the attempted marijuana loads and the participants in each incident.
The alleged conspiracy began in December 1979, at a meeting between Stan and his brother Bennie Champion (Bennie) at the Plaza Pub 2, a liquor lounge, near Homestead, Florida. Previously, Stan had loaned Bennie $1300 which Bennie used for travel to Jamaica to meet marijuana suppliers in an unsuccessful attempt to arrange a drug deal. After some general conversation about selling marijuana, Stan suggested that he might forgive Bennie's debt if Bennie agreed to work with Stan to import marijuana from Jamaica into the United States. Bennie had met a Jamaican marijuana supplier named Roland who would be willing to supply the marijuana; all that Stan and Bennie needed was an airplane and a pilot.
Stan located a Piper Aztec aircraft and a pilot named Ronald Haig. Stan arranged to pick up approximately 600 pounds of marijuana in Jamaica and Bennie agreed to serve as copilot on the flight for $15,000. 3 Haig and Bennie were to land at an airstrip south of Homestead called the "Road to Nowhere." Stan had contacted Frank Basso, Walter Graham, Teddie Merritt and David Beech to off-load the marijuana.
Haig and Bennie flew to Jamaica, where several Jamaicans helped them load the marijuana onto the aircraft. On their return flight, Bennie became excited and let one of the fuel pumps run out of fuel. As a results, the engines quit and Haig was forced to land the plane in the water somewhere east of Andros Island. The aircraft sank in about sixty seconds and Haig and Bennie were left bobbing in the ocean for approximately thirty or forty-five minutes without life rafts or life jackets. Eventually, they were picked up by two Bahamians in a boat.
Bennie called Stan at the Plaza Pub and informed him of what had happened. Stan sent someone to fly them back to Homestead. Stan accused Bennie of stealing the marijuana.
Bennie learned that Earl Hauk would rent a twin engine D-18 Beechcraft aircraft to them for $75,000. Stan borrowed $20,000 for the down payment and agreed to rent the plane if the owners would install special fuel tanks to accommodate a long trip. Hauk's agent arranged for Tommy Kentz to serve as pilot for the load. Kentz and Stan inspected several airstrips in the Homestead area and eventually located one that was satisfactory.
Kentz and Bennie flew to Jamaica but the 3200 pounds of marijuana to be flown in this load was not yet packaged when they arrived. Bennie went with the Jamaicans to help them package it. On their way to the airport, however, Bennie and the Jamaicans were stopped by a police roadblock. Jamaican police confiscated the marijuana and arrested Bennie. The police later released Bennie for $250, but neither Bennie nor Stan could raise the $3200 necessary to buy the marijuana back from the Jamaican police. Bennie and Kentz returned to the United States.
Upon arriving in the United States, Bennie and Kentz were called by Stan and told to return to Jamaica because Stan had arranged for another load. Bennie and Kentz took a commercial flight to Jamaica where they were met by David Ambrit, a marijuana supplier.
A few days later, Bennie and Kentz went to an airport in Jamaica where Ambrit had arranged for an aircraft and a load of marijuana. Bennie stole some gas for the airplane and Ambrit arrived a few hours later with the marijuana. Several Jamaican military policemen assisted Ambrit in loading the marijuana onto the plane. Bennie and Kentz took off for the United States.
Kentz got lost attempting to find the landing strip that Stan had shown him near Lake Okeechobee. 4 The aircraft was low on fuel and, given Bennie's recently developed adversity to water landings, they decided to land at Ft. Lauderdale International Airport. After landing, they locked the aircraft in the hangar and took a taxi to a motel.
After unsuccessfully attempting to contact Stan, Basso, and Graham, Bennie finally reached an individual named Dick who lived near Lake Okeechobee and arranged to off-load the marijuana into pickup trucks sometime after dark.
Bennie followed the trucks to a trailer house near Lake Okeechobee where Stan, Basso, Graham, Gene Slusser, and two deputy sheriffs were waiting. 5 They weighed the marijuana and found that there was less than 1600 pounds instead of the 1900 pounds that was supposedly loaded on the plane. Bennie was accused of stealing part of the load.
Slusser and the deputies were to receive one half of the load for providing an airstrip and security out of which they were to pay Ambrit for supplying the marijuana. After Stan helped Ambrit collect from Slusser, Ambrit agreed to allow Stan and Bennie to deal directly with him as Slusser had done.
Stan learned from Ambrit that a Jamaican airport manager named Lazarus had two planes that had been confiscated by the Jamaican police in prior drug deals. Lazarus and Ambrit offered to allow Bennie and Stan to steal the planes in exchange for a payment after the planes were used to bring marijuana into the United States.
Bennie and two pilots, Jerry Delarm and Martin Cooper, both recruited by Stan, traveled to Jamaica on a commercial flight. Bennie supervised the repair of the aircraft and telephoned Stan to notify him of necessary parts for the repairs.
Ambrit had prepared almost 6000 pounds of marijuana for transport in the two aircraft. Slusser agreed to allow the planes to land at an...
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