U.S. v. Hatchett
| Decision Date | 19 August 1994 |
| Docket Number | No. 93-3487,93-3487 |
| Citation | 31 F.3d 1411 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Donna A. HATCHETT, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Lee H. Dodd, Office of U.S. Atty., Springfield, IL (argued), for U.S.
Jon G. Noll, Springfield, IL (argued), for Donna A. Hatchett.
Before POSNER, Chief Judge, COFFEY and FLAUM, Circuit Judges.
On August 5, 1992, Donna Hatchett and her daughter Felicia were indicted on charges stemming from three sales of crack cocaine made to an undercover officer inside the Hatchetts' residence at 1011 South 16th Street, Springfield, Illinois. Counts I, II, and III alleged that on January 27, 1992, Felicia knowingly distributed mixtures or substances containing cocaine base, in violation of 21 U.S.C. Sec. 841(a)(1), while Count IV charged that Felicia possessed cocaine with intent to distribute, in violation of Sec. 841(a)(1). Donna was named only in Count II of the indictment, which alleged that she knowingly aided her daughter Felicia in the distribution of cocaine base, in violation of Sec. 841(a)(1) and 18 U.S.C. Sec. 2. Felicia pled guilty to the four charges and received a prison term totalling sixty months. Donna entered a plea of not guilty to Count II and was convicted by a jury of aiding her daughter Felicia in the distribution of 1.1 grams of coke, and taking into account her prior criminal history and her unbelievable trial testimony, received a sentence of 123 months' imprisonment and five years of supervised release. The court also imposed a special assessment of $50. We affirm.
Jerry Covington, a confidential informant working for the Illinois State Police, testified at Hatchett's trial that on January 27, 1992, he informed Illinois State Police Special Narcotics Agent Brian Latham that he (Covington) had made arrangements to purchase crack cocaine from Felicia. Covington stated that later that day, at approximately 6:30 p.m., he and Special Agent Latham (undercover) met Felicia at the defendant's (Donna's) and Felicia's residence in Springfield, Illinois. Covington told the defendant's daughter (Felicia) that Latham wished to purchase a sixteenth of an ounce of crack for $100. Covington testified that Felicia accepted the money (serial numbers recorded), left the room, and returned with 0.9 grams of crack cocaine, and handed it to Latham. Agent Latham and Covington then departed.
Officer Latham testified that approximately one hour later he and Covington returned to the Hatchett residence to purchase more drugs, but this time they encountered the defendant Donna Hatchett (Felicia's mother) in the kitchen. Special Agent Latham further stated that Covington greeted her and said that Latham was "shopping." 1 Donna, obviously familiar with the meaning of the term "shopping," replied, "I'll see what I can do." Latham stated that he handed Donna $100 in prerecorded bills to purchase the drugs. The defendant left the room and walked down a hallway into the living room. Fearing that Donna might exit the premises without either returning the money or delivering the drugs, Officer Latham proceeded a few steps into the hallway and observed Donna hand the $100 to her daughter Felicia. A short time later, Felicia entered the kitchen and gave Latham 1.1 grams of crack cocaine. According to Agent Latham, Felicia stated that she had more coke to sell and that he should return if he needed more. Covington and Latham departed.
Special Agent Latham testified that after the second transaction he and Illinois State Attorney Ken Tupy prepared an affidavit recounting the facts and circumstances surrounding the two drug buys earlier that evening. Latham presented the affidavit to a judge, applied for, and received a search warrant for the Hatchett residence for drugs, guns, cash, and drug paraphernalia. Latham further stated that prior to the execution of the search warrant, he returned to Donna's residence for a third time that night, and encountered Felicia, who sold him another 0.4 grams of crack. A short time after the third transaction, the Illinois State Police executed the search warrant at Donna's residence. Officer Jones, who assisted in the search, stated that after entering the house he observed Felicia enter a bathroom and return to the living room, and that shortly thereafter he retrieved two baggies in the toilet bowl containing cocaine weighing 10.8 grams. Upon questioning, Felicia stated that she had attempted to flush it down the toilet. Officer Kim Frick testified that she searched Donna and her daughter Felicia and found $1,072 in currency in Felicia's pockets (including the recorded bills paid out in the earlier transactions), but found nothing on Donna's person.
Felicia Hatchett testified for the defense, and stated that at the time of trial, she was nineteen years old, and had been selling drugs for a year and a half prior to her arrest. Felicia claimed she never sold drugs in her mother's presence and that on January 27, 1992, it was she and not her mother who accepted the $100 from Officer Latham. Felicia tried to persuade the jury that her mother knew nothing of her drug activity, a claim that the jury most likely disbelieved as Felicia also testified that: (1) she had been selling drugs from the house she lived in with her mother for the past one and one-half years; (2) she had smoked marijuana in her mother's presence; (3) she [Felicia] "sometimes" left her supply of crack cocaine on her headboard, in plain view, and (4) occasionally she "would just leave [rocks of cocaine] sitting In addition, Felicia stated that "due to the nature of [her] business[,]" there were "a number of people going in and out of" the house, and that on the night in question, she had made "five or six" cocaine sales (although she was only charged with and pled guilty to three sales). Felicia said it was common practice for her customers to come back "often" to purchase more drugs, and that it was "possibl[e]" that Donna was present during "some" of the evening's transactions. Finally, Felicia testified that on previous occasions Donna had accepted money from her (Felicia's) acquaintances when she was not present, and thereafter Donna delivered the money to her. In an effort to protect her mother, Felicia also testified that her mother had no knowledge of what the money was really for, stating that those giving the money to Donna would say they "owed this to Felicia." Felicia's testimony that Donna was oblivious to the drug activity in the house is implausible given Felicia's testimony that she (Felicia) left crack cocaine in plain view for her customers who would enter Donna's house, take the cocaine and leave money.
out" when she was not at home for the convenience of her customers, who would take the cocaine and leave money.
At trial, Donna Hatchett testified that she had had a "major problem ... with illegal drugs," specifically cocaine and heroin, and she displayed scars on her arms and hands to the jury that were caused by the injection of those drugs. She stated that in the past she had committed burglaries and prostitution to obtain money for her drug habit, crimes for which she had been imprisoned. The defendant testified that following her release from prison in 1987, and especially after the 1991 drug-related murder of her son, Alfonzo, she was "totally against drugs." As evidence of her newly discovered anti-drug stance, Donna alleged that on November 18, 1991, only two months prior to this arrest, she called the police and reported that "Felicia was selling dope and that she [Donna] believed that the furniture in the house was stolen furniture." The prosecutors called Officer Larry Stelivan to the stand, who stated he had interviewed Donna at her home in response to her phone call. Contradicting her testimony, Stelivan testified that Donna's call was about a domestic disturbance, and that during the interview, Donna never made "reference to any drug transaction involving Felicia Hatchett."
Donna also testified that she moved out of her residence for a short period of time from November 18, 1991 to mid-January of 1992 to get away from her daughter's drug dealing. She testified that she returned to her house in Springfield in mid-January after she was assured by Felicia that there was no longer any drug dealing going on at her home. Donna stated that although she knew her daughter had sold drugs in the past and that she had "seen or been in Felicia's presence when [Felicia had] been smoking marijuana," she believed that as of January 1992, Felicia had stopped. Contradicting herself, Donna testified that she "had suspicions" that Felicia was dealing drugs because "[s]ome of the people that were coming to the house were known to me as drug addicts, and not just necessarily friends of [Felicia's]." Donna also admitted collecting money from "drug addicts" and turning it over to Felicia.
Donna further testified that she did not see her daughter with crack cocaine on January 27, 1992, because she was across the street in another house at times during the evening. She also stated that she did not participate in nor assist in any of Felicia's drug sales. Donna specifically denied that she accepted $100 from Officer Latham or that she gave the $100 to her daughter, but as stated above, admitted that in the past when Felicia was absent from the premises she had occasionally accepted money from her daughter's acquaintances. These "acquaintances" are the same people Donna identified as drug addicts who would leave money for Felicia, claiming that they owed Felicia money. Donna knew that drug addicts were arriving at her home claiming to "owe" money to Felicia. Donna, in collecting this money from these drug addicts, was thereby assisting her daughter in the distribution and sale of crack...
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