U.S. v. Edwards

• Decision Date: 23 September 1994
• Docket Number: Nos. 93-3353,93-3424,93-3440 and 93-3457,s. 93-3353
• Citation: 36 F.3d 639
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. William "Bill" EDWARDS, Reginald "Reggie" Fitzgerald, Michael Schmiz, and Arnold "Sonny" Madden, Defendants-Appellants.
• Court: U.S. Court of Appeals — Seventh Circuit

Page 639

36 F.3d 639

UNITED STATES of America, Plaintiff-Appellee, v. William "Bill" EDWARDS, Reginald "Reggie" Fitzgerald Michael Schmiz, and Arnold "Sonny" Madden Defendants-Appellants.

Nos. 93-3353, 93-3424, 93-3440 and 93-3457.

United States Court of Appeals Seventh Circuit.

Argued June 7, 1994.

Decided Sept. 23, 1994.

Michael Jude Quinley (argued), Office of the U.S. Attorney, Criminal Div., Fairview Heights, IL, Scott Charles Collins, Office of the U.S. Attorney, Chicago, IL, for U.S. in No. 93-3353.

Daniel P. Reardon, Jr. (argued), Casey & Meyerkord, St. Louis, MO, for William "Bill" Edwards in No. 93-3353.

Michael Jude Quinley (argued), Office of the U.S. Attorney, Criminal Div., Fairview Heights, IL, for U.S. in Nos. 93-3424, 93-3440 and 93-3457.

Burton H. Shostak (argued), Deborah J. Westling, Moline & Shostak, Clayton, MO, for Reginald Fitzgerald in No. 93-3424.

Terence Niehoff (argued), St. Louis, MO, for Michael Schmiz in No. 93-3440.

Eric W. Butts (argued), St. Louis, MO, for Arnold "Sonny" Madden in No. 93-3457.

Before ENGEL, ^* BAUER, and KANNE, Circuit Judges.

BAUER, Circuit Judge.

Sonny Madden, Bill Edwards, Reggie Fitzgerald, and Michael Schmiz were each convicted of conspiring to distribute cocaine and of using firearms in connection with a narcotics trafficking offense. Madden, Edwards, and Fitzgerald were also convicted for their attempts to impede the federal investigation of their activities. They each appeal their convictions, and Fitzgerald appeals his sentence. We find no basis for disturbing the decision of the trial court, and therefore, we affirm, in all respects, all the convictions as well as Fitzgerald's sentence.

I.

From 1987 until 1990, Sonny Madden, Bill Edwards, Reggie Fitzgerald, and Michael Schmiz were involved in an elaborate and sizable cocaine purchase and distribution scheme. Working primarily out of Bill's Continental Club ("the Club") in Centreville, Illinois, a bar owned by Edwards, the four defendants, along with others not party to this appeal, obtained cocaine from various suppliers and then resold it to users and other dealers for redistribution.

The evidence at trial established the following series of activities. Edwards, Fitzgerald, Sonny Madden, and Madden's brother, David, would frequently meet at the Club or at Sonny Madden's apartment in nearby Cahokia, Illinois, and pool their money to buy as much as $5,000 worth of cocaine. They would then bring the cocaine back to the Club, mix it with a food supplement, and package it in smaller amounts for redistribution. The defendants purchased cocaine in this way on several occasions from at least three different suppliers and had credit arrangements with two of those suppliers. Sonny Madden and Edwards would then sell the cocaine themselves out of a back room at the Club or through the Club's bartenders, of which Michael Schmiz was one. Some of their customers such as the female dancers from Dottie's Body Shop, obtained cocaine for personal use. It appears that a more substantial share of cocaine, however, was sold on a regular basis to various street dealers who would in turn resell the cocaine to others. Many of these street dealers bought cocaine from the defendants on credit.

One of these street dealers was Marvin Butler. In January of 1988, Butler was arrested for selling cocaine to undercover agents working with the Drug Enforcement Agency ("DEA"). His partner, Steve Leible escaped but was later arrested. Butler and Leible agreed to cooperate with the DEA and were released soon after their arrests. Suspicious about Butler's quick release, Sonny Madden and Bill Edwards threatened to kill Butler if they discovered he was informing the police about them. Butler consistently denied their accusations.

On July 9, 1988, Marvin Butler was shot in the head three times from close range and left to die on a park bench just outside Bill's Continental Club. One witness present in the Club said he saw Sonny Madden and Edwards walk in the bar soon after hearing the shots. Madden said, "[t]hose people deserved what they got."

Tammy Jo Uselton, Sonny Madden's girlfriend, testified that Edwards took a gun from Madden and said he was going to throw it in the river. Uselton also told the jury that Madden told her that because Butler was still gurgling after he shot him the first time, Madden had to shoot him again. David Madden testified that Edwards and Sonny Madden had both admitted to shooting Butler to prevent him from busting up their drug operation.

A witness named Keith King testified that he was threatened by Reggie Fitzgerald during the course of this investigation. King's father was the mayor of Cahokia and was, therefore, responsible for appointing the Chief of Police. Fitzgerald's threats were made in an attempt to get King to use his influence to get Sergeant Gary Brewer, a local policeman working with federal authorities, off of the case.

Sonny Madden, Edwards, Fitzgerald, and Schmiz were indicted on one count of conspiring to distribute and possess with the intent to distribute cocaine, 21 U.S.C. Sec. 841(a)(1), and one count of using and carrying firearms during and in relation to a narcotics transaction. 18 U.S.C. Sec. 924(c). In connection with the murder of Butler, the grand jury indicted Madden and Edwards for the murder of a person for purposes of preventing the communication of knowledge of a commission of a federal offense, 18 U.S.C. Sec. 1512(a)(1)(C), and for using a firearm during and in relation to a crime of violence. 18 U.S.C. Sec. 924(c). Fitzgerald was indicted individually on one count of obstruction of justice. 18 U.S.C. Sec. 1503. A jury convicted all defendants on all charges brought against them.

II.

Madden, Fitzgerald, Edwards, and Schmiz each challenge several aspects of their various convictions. Fitzgerald also contests his sentence. We consider their arguments serially.

A. Sufficiency of the Evidence

The defendants argue here that their various convictions should be reversed because they were based on evidence which as a matter of law failed to satisfy the burden of proof beyond a reasonable doubt. Our task, in evaluating such a claim, is to determine whether after reviewing the evidence in a light most favorable to the government and drawing all reasonable inferences in favor of the government, any rational trier of fact could have found the defendant guilty beyond a reasonable doubt. United States v. Williams, 31 F.3d 522, 525 (7th Cir.1994). We will not, in conducting our review, reweigh the credibility of evidence. United States v. Maholias, 985 F.2d 869, 874 (7th Cir.1993).

1. Conspiracy to Distribute Cocaine. The defendants first challenge the sufficiency of the evidence supporting their convictions for conspiracy to distribute cocaine. A conspiracy to distribute drugs is an agreement by two or more persons to distribute drugs. United States v. Sergio, 934 F.2d 875, 878 (7th Cir.1991). Evidence of an agreement and the defendant's connection to the agreement must be substantial, United States v. Durrive, 902 F.2d 1221, 1228 (7th Cir.1990), but because of the inherently secretive nature of a criminal conspiracy, a conviction may rest on circumstantial evidence. Id. at 1225. For instance, a pattern of frequent and repeated transactions which is suggestive of an enduring cooperative relationship can support a conspiracy conviction. United States v. Dortch, 5 F.3d 1056, 1065 (7th Cir.1993), cert. denied, --- U.S. ----, 114 S.Ct. 1077, 127 L.Ed.2d 394 (1994). Similarly, evidence of transactions done on a consignment or credit basis may also give rise to an inference of guilt. Precin v. United States, 23 F.3d 1215, 1218 (7th Cir.1994). Such relationships indicate a level of cooperation and trust not typically found absent some type of agreement. Moreover, the existence of a credit arrangement indicates that the seller has an interest in the activities of the buyer.

The record is replete with testimony establishing each of the defendants' involvement in an elaborate cocaine distribution operation. Cocaine dealers testified that Madden and Edwards frequently sold them drugs at Bill's Continental Club either directly or through Schmiz. These dealers acknowledged having credit arrangements with Madden and Edwards. Madden, Edwards, and Schmiz kept an account of how much money each dealer owed for cocaine sold at the Club. Madden promoted his business by telling dealers that he and Edwards had bribed the local police officers so that they would not interfere with dealings at the Club.

The record also reveals that Madden and Edwards had enduring credit arrangements with several suppliers. Sonny Madden's brother, David, testified that Sonny owed as much as $15,000 to one of his suppliers. One witness testified that she saw Sonny and David Madden, Edwards, and Fitzgerald pool their money to purchase large quantities of cocaine and then divide up the purchase into smaller portions for redistribution. Fitzgerald's contention that he purchased cocaine for personal use only and that he was not part of the conspiracy is contradicted directly by this evidence which supports the inference that he actively endeavored to further the aims of the conspiracy.

The law in this circuit supports a finding of guilt based on the foregoing evidence. The testimonies of Madden's and Edwards's drug dealing colleagues as well as the testimonies of their more casual friends consistently describe an elaborate and profitable cocaine purchasing and distribution network based in the Club and later in Madden's apartment with Madden and Edwards in charge. Though not as prominent in the planning and management of the scheme, Fitzgerald and Schmiz played significant roles in furthering the scheme.

Schmiz does not contest this, but instead argues that the evidence at trial demonstrated the existence of several smaller conspiracies, one of which consisted of his agreement with Madden and...