U.S. v. Denton

• Decision Date: 24 January 2006
• Docket Number: No. 05-1978.,05-1978.
• Citation: 434 F.3d 1104
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Eddie Louis DENTON, Defendant-Appellant.
• Court: U.S. Court of Appeals — Eighth Circuit

434 F.3d 1104

UNITED STATES of America, Plaintiff-Appellee, v. Eddie Louis DENTON, Defendant-Appellant.

No. 05-1978.

United States Court of Appeals, Eighth Circuit.

Submitted: October 13, 2005.

Filed: January 24, 2006.

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Robert G. Rehkemper III, argued, Urbandale, IA (Peter W. Berger, on the brief), for appellant.

Stephanie M. Rose, argued, Assistant U.S. Attorney, Cedar Rapids, IA, for appellee.

Before ARNOLD, MURPHY, and GRUENDER, Circuit Judges.

MURPHY, Circuit Judge.

Eddie Louis Denton was convicted by a jury of conspiracy to distribute 50 or more grams of cocaine base, 500 or more grams of cocaine, and a mixture containing marijuana, and cocaine within 1000 feet of two playgrounds. The district court¹ sentenced him to life imprisonment. Denton appeals, arguing that the district court abused its discretion by denying his motion for recusal, erred by finding him competent to stand trial, and erred in sentencing. We affirm.

Denton was a retired police officer who was part of a group known as "the Click" which distributed crack cocaine in Waterloo, Iowa. Other members included John King, Damarius Simmons, Percy Bruce, Willie Outlaw Jr., and Jamall Sallis. Denton and five other members were indicted on September 25, 2002. The indictment charged Denton with conspiracy to distribute 50 or more grams of cocaine base, 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A), 500 or more grams of cocaine, 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B), a mixture containing marijuana, 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(D), cocaine within 1000 feet of Sullivan Park, 21 U.S.C. § 860, and cocaine within 1000 feet of Highland Park, 21 U.S.C. § 860.

The Click used two main locations for distribution: Sullivan Park and a residence known as "the Hill." There was evidence at trial that Denton was often present at the Hill when crack cocaine was sold and that he sold crack there. Denton also ran errands for other members of the Click, including purchasing food, alcohol, and plastic bags that were used to package crack cocaine. In addition Denton drove around the neighborhood looking for police surveillance, and he told Click members about information from friends still on the police force. There was also testimony at trial that Denton was seen at the Hill carrying a handgun in an ankle holster and brandishing his weapon to King and others.

The Click's primary drug supplier was King's stepfather, Herbert Speller. Speller established a drug connection in California and began making trips to Los Angeles to acquire cocaine and marijuana. Denton accompanied him on some of these trips and used his police credentials if their car was stopped. Denton accompanied Speller on at least four or five trips to Los Angeles and at least one separate trip to Carbondale, Illinois to deliver cocaine to one of Speller's relatives. During one trip to Los Angeles, Speller and Denton had an accident and abandoned their vehicle. After the police came upon the car, they searched it and Detective Ramon Navarro discovered large plastic bags containing marijuana, two kilograms of cocaine, and luggage bearing the names Eddie Denton and Herbert Speller. A short time later the two men were arrested at the airport while trying to rent another car. The police recovered over $5,700 cash from the two upon their arrest. In an interview with Detective Navarro, Denton first claimed he was in Los Angeles to help locate an apartment for Speller's daughter. Then he told Navarro that he was on a "top secret undercover mission" for the Waterloo Police Department and that he had infiltrated the Click on behalf of law enforcement. Denton was unable to tell Navarro the name of his undercover handler he said, because the information was "too top secret."

Prior to trial, in March 2001, Denton fell from a chair at work and suffered a subdural hematoma which was drained during emergency surgery. His injury resulted in serious brain damage and caused mild to moderate impairments in memory, speed of information processing, and personality changes.

In February 2003 Denton was offered a plea agreement with a potential sentencing range of 135 to 168 months, but he rejected it and went to trial. His theory of defense was that he was unaware of the Click's criminal activity. He admitted traveling with Speller but denied knowingly aiding Speller in transporting cocaine from Los Angeles to Waterloo. He also denied distributing crack cocaine from the Hill, but admitted he had a key to the residence and had observed others in the Click selling crack cocaine from that location. He also admitted that he had access to a gun similar to the one described by King and that he had been removed from the Waterloo Police Department after pleading guilty to accepting a bribe. The jury found that he was guilty of all five objects of the conspiracy and that his offense involved at least 50 grams of cocaine base and at least 500 grams of cocaine.

On October 6, 2003 prior to sentencing, Denton requested a competency examination. He claimed that he had been incompetent at trial and was not competent to be sentenced. The district court granted the motion, ordered a psychiatric examination of Denton, and scheduled competency and sentencing hearings for December 16, 2004. On December 3, 2004, Denton filed a motion to recuse the district court from presiding over the competency hearing on the grounds that it had expressed a preliminary opinion as to his competence based on its personal observations. After observing him testify and react to questions during the trial the district court had commented that "there was nothing impairing his ability." The motion was denied.

The competency hearing was delayed until January 31, 2005. At the hearing reports and testimony were received from individuals who had evaluated and treated Denton, persons involved in his defense, and family members. Dr. Naomi McCormick, a clinical psychologist, had interviewed Denton on August 14, 2001 in connection with his claim for workers compensation. She reported that Denton had an overall IQ of 89 and was moderately to severely impaired in the areas of depression, cognitive deficits, and memory disorder compared to others his age who had not suffered brain injuries. Dr. McCormick also determined that Denton's language comprehension, repetition, constructional ability, and social judgment were normal.

Matthew Dunning, a speech pathologist at Covenant Medical Center where Denton attended outpatient cognitive and learning therapy, reported that an Information Processing Assessment Geriatric test indicated that Denton's overall information processing abilities remained excellent, but slightly delayed. Dunning discharged Denton from speech therapy in mid 2002 due to his substantial progress. Steven Anderson, a neuropsychologist at the University of Iowa Neurology Outpatient Clinic where Denton had been examined numerous times, indicated that his nonverbal planning was impaired and that he had mild deficits in verbal learning. Dr. Anderson conducted a reevaluation in November 2002, and noted that Denton's auditory attention and working memory remained "broadly preserved." Patricia McCollom, a registered nurse who met with Denton after trial for one hour at the request of defense counsel, stated that he had cognitive and behavioral deficits requiring a structured environment and believed that he would have been unable to participate in his defense at trial.

The psychiatric examination ordered by the district court was completed by Dr. Angela Weaver for the Bureau of Prisons (BOP). Dr. Weaver's initial report in June 2004 found that Denton exhibited memory problems, depression, shorter temper, and apathy manifested by little or no awareness of his cognitive abnormalities. Although Dr. Weaver stated that these factors could affect Denton's ability to assist in his defense, she also indicated that Denton's memory functioned properly for immediate, recent, and remote recall, and he did not have apparent visual, hearing or motor control difficulties. Dr. Weaver found that Denton was competent to be sentenced, but she did not reach an ultimate finding as to whether Denton had been competent at trial. Because of conflicting or missing information and her inability to speak with trial counsel Christopher Clausen, who had been deployed overseas, she was unable to give an opinion on the issue.

Dr. Weaver prepared a supplemental report in November 2004 that incorporated additional information provided by Clausen and Denton. Clausen stated that Denton had been active in assisting him before and during trial and was able to comprehend the proceedings. With this additional information, Dr. Weaver found Denton's memory problems were not severe or debilitating, that he would have had no trouble tracking information at trial even though he processed it slowly, and that he was competent at trial.

Attorney Clausen testified that Denton had understood the proceedings and testimony and had consulted with him regarding lines of questioning and overall defense strategy. Clausen knew of the brain injury but made a conscious decision not to raise the issue because Denton seemed to have a "good understanding of the elements of the offense charged, a good grasp of the facts alleged, a good recollection of his explanation of the events alleged as well as a good understanding of the court procedures." Clausen had also asked a physician to review Denton's medical records; the physician found nothing to support a claim of incompetence to stand trial.

After hearing the evidence the district court concluded that Denton had been "sufficiently able" to consult with Clausen "to a reasonable degree of rational understanding" prior to and during his trial. The district court further found that Denton had a rational and factual understanding of the proceedings against him, and determined Denton...