U.S. v. Dierling
| Decision Date | 28 January 1998 |
| Docket Number | 97-1023,97-1024 and 97-1026,Nos. 97-1021,s. 97-1021 |
| Citation | 131 F.3d 722 |
| Parties | 48 Fed. R. Evid. Serv. 466 UNITED STATES of America, Plaintiff--Appellee, v. Brian DIERLING, Defendant--Appellant. UNITED STATES of America, Plaintiff--Appellee, v. Mark PERKINS, Defendant--Appellant. UNITED STATES of America, Plaintiff--Appellee, v. Louis YOUNGER, Defendant--Appellant. UNITED STATES of America, Plaintiff--Appellee, v. Arthur HOLT, also known as Artie, Defendant--Appellant. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Eric W. Butts, St. Louis, MO, argued for Dierling, John E. Hullverson, St. Louis, MO, argued for Perkins, Lawrence J. Fleming, East St. Louis, MO, argued for Younger, Janis C. Good, Asst. Federal Public Defender, St. Louis, MO., argued for Holt.
John James Ware, Asst. U.S. Atty., St. Louis, MO, argued for appellee.
Before HANSEN, ROSS, and MURPHY, Circuit Judges.
Appellants Brian Dierling, Louis Younger, Arthur Holt, and Mark Perkins appeal their convictions and sentences for conspiracy to manufacture, distribute, and possess with intent to distribute methamphetamine in violation of 21 U.S.C. § 846. They seek a new trial or resentencing because of claimed errors, including improper admission of evidence, a joint trial, failure of the district court 1 to provide immunity to their witnesses and of the government to furnish Brady material, and several sentencing issues. We affirm.
A one count indictment charged appellants with a conspiracy to manufacture and distribute methamphetamine in Missouri and Illinois. There was evidence at trial that Dierling, Younger, and Holt were manufacturing methamphetamine in a clandestine laboratory on Dierling's property and that they and Perkins were distributing the drug to unindicted coconspirators for resale and also directly to users. Dierling oversaw the manufacturing operations, the procurement of materials for the laboratory, and the drug distribution. Younger was Dierling's partner and held recipes for manufacturing methamphetamine. The involvement of Holt and Perkins was less important, but each sold methamphetamine to dealers and users and each picked up drugs and dropped off money at Dierling's property. Holt also assisted in the manufacturing operations.
There were a number of sources of evidence about the conspiracy, including detailed testimony from associates. Bobby Collis testified that Dierling told him he was making methamphetamine in one pound blocks, that Arthur Holt was "moving crank for him," and that Holt had been arrested with his drugs. Cindy Craig, who lived with Younger, testified that he told her that he and Dierling made and sold drugs together, that he showed her as many as ten recipes for making methamphetamine, and that he described to her their manufacturing operations and the quality of the drugs they were making. She once went to Dierling's house with Younger and saw conspirators packaging and weighing drugs in the bedroom.
Stephanie Nickell reported that she had seen Dierling, Younger, and Danny Craig cooking methamphetamine at Dierling's house and had observed cantaloupe-sized quantities of methamphetamine at Younger's residence during the period she was selling drugs for him. She helped Dierling, Holt, and Younger package methamphetamine and took some to sell herself. Craig told her that he was also selling methamphetamine for Dierling. Nickell bought items for the methamphetamine lab for Younger and Dierling. Dierling gave her a handgun for her protection because drug dealers in the area were selling poor quality methamphetamine and attributing it to him; he feared reprisals.
Candy True testified that Younger delivered drugs to an unindicted coconspirator for resale and that she went with him to Dierling's farm where he picked up methamphetamine. She testified that on another occasion she went to the farm with Perkins, Holt, and Holt's daughter; Holt went into the barn to get methamphetamine. She also saw Younger, Holt and Perkins all deliver drugs on separate occasions to a coconspirator who would resell them.
Michelle Crawford testified that she sold ten "eight balls" of methamphetamine on a daily basis for Holt, whose source was Dierling. She saw Dierling deliver a six-inch wide, four-inch tall amount of methamphetamine to Holt. In October of 1994 she went to an apartment with Holt where she saw Dierling with some ten pounds of methamphetamine, money, and guns. Holt took methamphetamine from the apartment and in return left three envelopes which contained money she had previously counted.
Between October of 1994 and May of 1995, Crawford, Holt and/or Perkins made approximately 10 trips to Dierling's farm and obtained at least five pounds of methamphetamine on each trip, which they would package in smaller quantities for distribution. Holt and Perkins also went once or twice a week without her to get drugs from Dierling.
George Heller testified that Younger took him to Dierling's property to tow a car, and he saw Holt and Dierling there with guns and radios and noticed the area smelled like chemicals. He overheard Holt tell Younger that "[i]f anything goes wrong, we'll know who brought them here."
Law enforcement officers also obtained evidence about the existence of the conspiracy. Missouri state troopers twice arrested Perkins and Holt, seizing over $11,000 cash, weapons and methamphetamine. 2 An undercover officer purchased methamphetamine from Holt on one occasion and discussed with him the resale of the drugs and the fact that he might need more later. A search of Holt's home revealed digital scales, plastic baggies, and drug notes. Police also seized methamphetamine from Holt's car and over $2,800 cash from his person when they responded to a disturbance call at a bar. A deputy sheriff arrested Dierling and removed approximately $1,100 cash, methamphetamine, and syringes from him. Officers from the Putnam County sheriff's department seized syringes and methamphetamine during a search of Younger's home, and officers saw materials commonly used in methamphetamine laboratories in Dierling's barn when they went to his property to answer a domestic dispute call.
Appellants were found guilty after a two and a half week jury trial. The district court then received additional evidence at a sentencing hearing and found that the conspiracy involved 10 to 30 kilograms of methamphetamine and applied four level sentence enhancements to Dierling and Younger for their roles in the conspiracy and two separate enhancements to Dierling for obstruction of justice. Dierling and Younger were sentenced to life imprisonment, Holt to 360 months, and Perkins to 235 months.
Appellants argue on appeal that they are entitled to a new trial because the court admitted inflammatory evidence about acts that were neither foreseeable nor in furtherance of the conspiracy, refused to sever their cases despite the risk that evidence of unrelated acts by coconspirators would improperly influence the jury, and refused to provide judicial immunity for their witnesses. They also rely on the government's alleged failure to disclose material required by Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), and they contend that the court improperly considered unreliable testimony in calculating the amount of drugs involved in the conspiracy. Finally, Dierling challenges the enhancements for his leadership role and for obstruction of justice.
All appellants claim they are entitled to a new trial because of inflammatory evidence they view as unrelated to the conspiracy. They say they were unfairly prejudiced by evidence of the killing of Danny Craig, the burning of Dierling's barn, the shooting of a deputy sheriff, and the discovery of a cache of weapons on Dierling's property.
The government contends that the evidence about the killing was directly related to the conspiracy because Dierling and Younger killed Craig, a coconspirator, over a drug debt he owed Dierling. Craig was a heavy methamphetamine user, and he participated in the conspiracy's manufacturing operations, packaged methamphetamine for sale, and dealt drugs for Dierling. In late May or early June of 1995, Craig took a weekend trip for the purpose of selling drugs, but used them himself instead. Craig later told government witness Candy True that Dierling was upset with him and that he owed Dierling drugs and money. Michelle Crawford testified that soon thereafter Perkins and Holt administered a severe beating to Craig, explaining to him that "Brian said you shouldn't have did what you did."
Stephanie Nickell testified that in the spring of 1995, Dierling told her he had placed a contract for $10,000 on Craig's life, and on June 9 he and Younger asked her to take them to Craig. She led them to a party attended by Craig where Dierling yelled that Craig had his money. Dierling ordered Craig to drive out to his house with Nickell; Dierling and Younger followed. At Dierling's house Nickell saw Younger and Dierling prod Craig into a utility room near the living room. She heard Craig scream and then two gunshots. Younger came out of the utility room and asked her for the keys to her vehicle. She went outside with him and saw Craig lying motionless in the back of her truck with gunshot wounds in his chest. Dierling, Younger, and Nickell then drove in the truck to Younger's house. On the way Dierling indicated that Craig would not be ripping off anyone any more. Once on Younger's property, Younger and Dierling pulled Craig from the truck and got a knife out of it. Nickell heard chopping sounds and then saw Dierling hold up Craig's severed head by the hair. Younger threatened that he would do the same thing to her if she crossed him. The...
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