U.S. v. Hass
| Decision Date | 05 August 1998 |
| Docket Number | No. 97-40778,97-40778 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Tommie HASS; Richard Hass, also known as Buddy, Defendants-Appellants. |
| Court | U.S. Court of Appeals — Fifth Circuit |
William D. Baldwin, Asst. U.S. Atty., Tyler, TX, for Plaintiff-Appellee.
John H. Hagler, Dallas, TX, for Tommie Hass.
John Davidson Nation, Dallas, TX, for Richard Hass.
Appeals from the United States District Court for the Eastern District of Texas.
Before KING and DAVIS, Circuit Judges, and HEARTFIELD, * District Judge.
The Appellants were convicted of conspiring to manufacture and distribute methamphetamine in violation of 21 U.S.C. § 846. For reasons set forth below, we affirm in part, vacate in part, and remand.
In February of 1997, Appellants Tommie Hass ("Tommie") and Richard "Buddy" Hass ("Buddy") were convicted of conspiracy to manufacture and distribute methamphetamine in violation of 21 U.S.C. § 846. We summarize below the evidence the Government produced in support of the charges alleged in the Indictment.
In late 1995, a task force consisting of Drug Enforcement Administration Special Agents, Texas Department of Public Safety Officers, and other law enforcement officials began investigating a drug ring specializing in the sale of methamphetamine. This drug ring, known as the Anderson Organization, consisted of a number of individuals, including Tommie and Buddy Hass, Terry Anderson, Thomas Anderson, Cheryl Cheek, and Phillip Morgan. The task force accumulated evidence through informants, monitored telephone conversations, controlled purchases of illegal narcotics, physical surveillance, and physical evidence obtained through search warrants. Additionally, at trial, several Codefendants cooperated with the Government and offered testimony implicating the remaining Defendants. The evidence offered by the Government indicated that Buddy and Tommie Hass were involved in a large-scale methamphetamine distribution ring, mainly as suppliers to Terry Anderson.
Teresa Hass ("Teresa"), Tommie's estranged wife, testified at trial that she began selling methamphetamine with Tommie and Buddy in 1995. She purchased between three and six ounces of methamphetamine each week at $1,200 per ounce and picked up the drugs from Buddy Hass's apartment. Tommie Hass was present at Buddy's apartment on several of these occasions. Through her association with Buddy, Teresa met Kent Erdman ("Erdman"), a cousin of Terry Anderson ("Anderson"). According to Teresa, Erdman sold large quantities of methamphetamine for Buddy and helped the Hasses manufacture methamphetamine.
Teresa related an occasion in the fall of 1995 where Buddy and Tommie attempted to sell approximately one-half pound of methamphetamine to Anderson. The night of the sale, Teresa, Buddy, and Anderson met in the parking lot of a Denny's restaurant, where Buddy delivered methamphetamine samples to Anderson. Later that night, Anderson and others met Tommie and Teresa at a prearranged location to pay for the drugs.
Phillip Morgan ("Morgan"), a co-conspirator in the drug ring, testified that he became involved in the sale of methamphetamine with the Hasses and Anderson. Anderson and Erdman set up a methamphetamine lab at Morgan's home and conducted at least five "meth cooks" at the home. Morgan stated that both Buddy and Tommie supplied Anderson with methamphetamine, which Anderson in turn sold. Additionally, Erdman advised Morgan that Buddy and Tommie were teaching him how to "cook" methamphetamine. The "meth lab" was later moved from Morgan's home to the home of Cheryl Cheek, where it was discovered by law enforcement officials.
Bonnie McLeroy ("McLeroy"), Buddy's girlfriend, provided some of the most damaging evidence against the Hasses. McLeroy first became associated with Buddy by selling methamphetamine for Buddy on a consignment basis. McLeroy began living with Buddy in May or June of 1995 and continued to sell drugs for Buddy. McLeroy soon learned that Buddy and Tommie Hass were joint venturers in the manufacture and sale of methamphetamine. On several occasions, Buddy pressured McLeroy to keep current on her payments for the drugs she sold because Tommie demanded his share of the profits. On at least two occasions, Tommie came to McLeroy's home looking for payment for drugs that McLeroy had sold. McLeroy also observed a methamphetamine sale between Tommie Hass and Terry Anderson at the Fountain of Jupiter apartment occupied by Danny Fowler ("Fowler") and Tommie. McLeroy was arrested for the distribution of methamphetamine in June of 1995. She soon learned that she had been "set up" by a confidential informant. In response, Buddy and Tommie took steps to arrange for the murder of the informant. This plan was later abandoned at McLeroy's request.
In addition to the above, various other witnesses, most of whom were personally involved in the Anderson Organization, testified to the Hass brothers' involvement in the manufacture, distribution, and sale of methamphetamine. While working in an undercover capacity, Vicky Roberts ("Roberts") made numerous taped conversations with both Hass brothers and with Terry Anderson, and was present at several methamphetamine purchases. She testified that on several occasions, she accompanied Anderson to Buddy's apartment to purchase drugs. On one particular occasion, Tommie Hass was present and gave Anderson an accounting of the amount of money Anderson owed to the Hass brothers for past purchases of drugs. Tommie also visited Roberts's apartment on at least two occasions in search of Anderson to collect money that Anderson owed for previous drug purchases.
The Hass brothers' career in the methamphetamine business began to unravel in late 1995. In October of 1995, the Dallas Police Department seized an operational "meth lab" from Erdman's apartment. Detectives discovered Buddy's fingerprints on glassware found at the lab. In November of 1995, law enforcement officials recorded conversations between Roberts and Tommie regarding Roberts's purchase of methamphetamine. Roberts also made a controlled purchase of approximately one ounce of methamphetamine from Tommie.
On October 12, 1996, Tommie Hass was stopped for failing to dim his truck's headlights. Tommie did not immediately follow the officer's instructions to stop and continued along the shoulder of the road for approximately one-half mile. The officer observed a clear plastic bag being thrown from the driver's side window. A subsequent search of the vehicle revealed approximately three grams of methamphetamine, chemical agents to "cut" methamphetamine, and $17,500 in cash.
Soon after Tommie's arrest, law enforcement officials conducted surveillance at the home of Buddy's father in an attempt to locate and arrest Buddy. Officers observed a pickup truck driven by Danny Fowler and apparently carrying a passenger arrive at the residence. Soon thereafter, the truck departed and two officers began to follow it. A license plate check revealed that the truck was registered to Fowler, and the officers also learned that Fowler had outstanding arrest warrants. The officers stopped the truck and arrested Fowler. The truck was impounded and a subsequent search revealed a dismantled "meth lab," which included various chemicals, plastic tubing, Pyrex measuring bowls, and weighing scales. Soon thereafter, Buddy Hass was arrested inside the home of his father.
Before trial, the Government filed a Notice of Sentence Enhancement for both Hass brothers, pursuant to 21 U.S.C. § 851(a)(1). The Government sought to enhance Tommie's sentence to one of life imprisonment, and to enhance Buddy's sentence to not less than twenty years nor more than life imprisonment. On February 27, 1997, following a seven-day trial, the jury returned guilty verdicts against both Tommie and Buddy.
In July of 1997, the Hasses were sentenced. Tommie's Presentence Report noted the following prior felony drug convictions: (1) January 16, 1987 for felony possession of a controlled substance in Rockwall County, Texas; (2) August 26, 1996 for felony possession of a controlled substance in Wood County, Texas, on August 12, 1995; and (3) August 26, 1996 for felony possession of a controlled substance in Wood County, Texas, on October 20, 1995. Therefore, pursuant to the sentence enhancement in 21 U.S.C. § 841(b)(1)(A), the district court sentenced Tommie to life imprisonment. Buddy had one prior felony drug conviction, and the district court sentenced him to 262 months imprisonment pursuant to the minimum enhancement in 21 U.S.C. § 841(b)(1)(A). Both Tommie and Buddy appealed, challenging their convictions and sentences on multiple grounds that we consider below.
We first consider Tommie's argument that the Government's evidence was insufficient to support his conviction for conspiracy to manufacture and distribute methamphetamine in violation of 21 U.S.C. § 846, and that the district court erred in denying his Motion for Acquittal. Specifically, Tommie argues that the Government failed to prove that he was a co-conspirator in the Anderson Organization. We review the sufficiency argument under the familiar standard of whether a reasonable juror could conclude that the evidence, viewed in the light most favorable to the verdict, establishes the defendant's guilt beyond a reasonable doubt. United States v. Greer, 137 F.3d 247, 249 (5th Cir.1998).
In a drug conspiracy case, the government must prove that (1) there was an agreement between two or more persons to possess controlled substances with the intent to distribute; (2) the defendant knew of the conspiracy and intended to join it; and (3) the defendant voluntarily participated in the conspiracy. United States v. Mitchell, 31 F.3d 271, 274 (5th Cir.1994).
We are satisfied that a reasonable juror could have concluded that Tommie knew of and...
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