U.S. v. Davidson, 98-1711
| Decision Date | 16 September 1999 |
| Docket Number | No. 98-1711,99-1421,98-1711 |
| Citation | 195 F.3d 402 |
| Parties | (8th Cir. 1999) United States of America, Appellee, v. Susan Davidson, Appellant. Submitted: |
| Court | U.S. Court of Appeals — Eighth Circuit |
Appeal from the United States District Court for the Western District of Missouri. [Copyrighted Material Omitted]
[Copyrighted Material Omitted] Before McMILLIAN and MURPHY, Circuit Judges, and TUNHEIM,1 District Judge.
Susan Davidson was convicted of conspiracy to manufacture methamphetamine in violation of 21 U.S.C. 846 and sentenced by the district court 2 to 151 months imprisonment. Davidson now appeals from her conviction and sentence and seeks a judgment of acquittal or a new trial and resentencing. We affirm.
Numerous witnesses testified at trial to facts linking Davidson to a conspiracy to manufacture methamphetamine in the Kansas City area. The evidence connected Davidson to four separate methamphetamine laboratories, including three labs in apartments or houses she occupied and a fourth located in a house belonging to co-conspirator James Cates. Searches of the labs were conducted under a warrant and by consent and resulted in the discovery of approximately 25 grams of methamphetamine; 454 grams of pseudoephedrine, a methamphetamine precursor chemical; and paraphernalia associated with the production of methamphetamine. Evidence of these discoveries was introduced, and a law enforcement officer testified that he had observed Davidson buy iodine and red phosphorus and deliver iodine to James Cates (iodine and red phosphorus are other precursor chemicals). Certified records of Davidson's two prior convictions for possession of methamphetamine were also placed into evidence.
Following the close of the government's case, Davidson moved for a judgment of acquittal on the ground that there was insufficient evidence of her participation in the conspiracy. The motion was denied, and Davidson was convicted by jury verdict. After Davidson was sentenced she filed a timely notice of appeal as well as a motion to dismiss the indictment on the ground that her right to a speedy trial had been violated. The district court denied the motion, and her appeal from that decision is dismissed since she has not briefed it. Riley v. St. Louis County, 153 F.3d 627, 630 n.4 (8th Cir. 1998).
Davidson argues that she is entitled to several forms of relief. She seeks a judgment of acquittal on the basis that there was insufficient evidence at trial to sustain her conviction. She seeks a new trial because evidence of her two prior convictions was improperly admitted and the district court failed to investigate adequately a potential conflict of interest between her and her counsel. Finally, she seeks resentencing on the basis that the district court erred in calculating her criminal history category, in determining the quantity of methamphetamine for which she could be held responsible, and by failing to give her a minor role reduction. We address each of her contentions in turn.
Davidson argues that the evidence presented at trial was insufficient to sustain the jury verdict. Although the evidence was sufficient to demonstrate that a conspiracy existed, she argues that there was no evidence that she joined the conspiracy. The government argues that the evidence was more than enough to prove Davidson's knowing participation in the conspiracy to manufacture methamphetamine.
"The standard of review of an appeal concerning the sufficiency of the evidence is very strict, and the verdict of the jury should not be overturned lightly." United States v. Burks, 934 F.2d 148, 151 (8th Cir. 1991). "In reviewing the sufficiency of the evidence on appeal, the court views the evidence in the light most favorable to the government, resolving evidentiary conflicts in favor of the government, and accepting all reasonable inferences drawn from the evidence that support the jury's verdict." United States v. Erdman, 953 F.2d 387, 389 (8th Cir. 1992).
In order to convict Davidson of conspiracy to manufacture methamphetamine, the government needed to prove that (1) a conspiracy existed; (2) Davidson knew of the conspiracy; and (3) she knowingly became a part of the conspiracy. United States v. Rork, 981 F.2d 314, 316 (8th Cir. 1992) (citation omitted). However, "[o]nce a conspiracy has been established, only slight evidence is needed to link a defendant to the conspiracy." United States v. Pena, 67 F.3d 153, 155 (8th Cir. 1995). The jury reasonably could have inferred from the evidence that Davidson participated in the manufacture of methamphetamine at the three labs discovered in her house and apartment. It also could have inferred from Davidson's delivery of iodine to James Cates that she intended to participate in the manufacture of methamphetamine at the lab in his home: "Participation by a defendant in a single act may in fact demonstrate membership in a conspiracy if the act itself will justify an inference of knowledge of the broader conspiracy." United States v. Tran, 16 F.3d 897, 904 (8th Cir. 1994) (citing United States v. Kirk, 534 F.2d 1262, 1272 (8th Cir. 1976)). We conclude there was sufficient evidence to sustain the jury's verdict. Davidson is therefore not entitled to a judgment of acquittal, and the district court did not err in denying her motion seeking one.
Davidson claims that she is entitled to a new trial because the district court failed to pursue a potential conflict with her counsel. On the first day of trial, Davidson indicated to defense counsel that she wanted to plead guilty. Counsel discussed the matter with the prosecution and then informed the court. The court excused the jury and began a plea colloquy with Davidson. Davidson told the court at first that she was satisfied with her counsel but then indicated that pressure from them was causing her to plead guilty.3 Upon hearing that, Judge Fenner said he would not accept a guilty plea and ordered the jury brought back.
Davidson argues that this interchange should have alerted the court to the potential for irreconcilable conflict between her and her counsel and that the court's failure to inquire further requires reversal. The government responds that Davidson never reported any irreconcilable conflict or requested new counsel at trial and that the court did not err by not delving into the subject on its own.
United States v. Swinney, 970 F.2d 494, 499 (8th Cir. 1992) (citations omitted). An accused is not guaranteed perfect representation or even a "meaningful relationship" with counsel, and "[j]ustifiable dissatisfaction sufficient to merit substitution of counsel includes 'a conflict of interest, an irreconcilable conflict, or a complete breakdown in communication between the attorney and the defendant." Id. (internal citations and quotation marks omitted). The defendant has the burden to show "justifiable dissatisfaction with his appointed counsel." United States v. Sayers, 919 F.2d F.2d 1321, 1323 (8th Cir.1990). A decision whether to grant a continuance or to allow substitution of counsel is reviewed for abuse of discretion. Swinney at 499.
In this case Davidson never attempted to show to the district court any justifiable dissatisfaction with counsel, and she never moved for substitution of counsel or a continuance. There is no obligation on a trial court to look into a defendant's representation unless it becomes aware of circumstances that would require further investigation. United States v. Hart, 557 F.2d 162, 163 (8th Cir. 1977). At no point in her colloquy with the court during the plea proceeding did Davidson allege an irreconcilable conflict or a complete breakdown of communication with her counsel. In the absence of such an allegation, or some other clear indication of insurmountable difficulties between her and counsel, the district court was not required to inquire into possible dissatisfaction with counsel. The district court reconvened Davidson's trial as soon as it perceived she was not about to plead guilty voluntarily, and it was presented with no reason at that point to conduct further inquiry into the relationship between Davidson and her counsel.
Davidson also claims that the evidence of her prior convictions for possession of methamphetamine should not have been admitted under FED. R. EVID. 404(b) and unfairly prejudiced her. The government contends that this evidence was properly admitted as evidence of Davidson's knowledge of and intent to participate in a conspiracy to manufacture methamphetamine.
Under FED. R. EVID. 404(b), evidence of "other crimes, wrongs, or acts" is admissible to show "proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident[.]" Evidence of other crimes is admissible if "(1) it is relevant to a material issue; (2) it is similar in kind and not overly remote in time to the crime charged; (3) it is supported by sufficient evidence; and (4) its potential prejudice does not substantially outweigh its probative value." United States v. Green, 151 F.3d 1111, 1113 (8th Cir. 1998). The admission of a defendant's "other crimes, wrongs, or acts" under this rule is reviewed for abuse of discretion. United States v. Oates, 171 F.3d 651, 659 (8th Cir. 1999). This court "will reverse only when such evidence clearly had no bearing on the case and was introduced solely to prove the defendant's propensity to commit criminal acts." United States v. Brown, 148 F.3d 1003, 1009 (8th Cir. 1998).
Davidson does not challenge the admission of her...
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