U.S. v. Hayden
| Citation | 85 F.3d 153 |
| Decision Date | 31 May 1996 |
| Docket Number | Nos. 94-5861,94-5871 and 94-5877,s. 94-5861 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. James Cedric HAYDEN, a/k/a Reginald James Wilder, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Tomel K. LUCAS, a/k/a Angelo Berlin, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Reginald Eugene HAYDEN, a/k/a Bubba, Defendant-Appellant. |
| Court | United States Courts of Appeals. United States Court of Appeals (4th Circuit) |
ARGUED: Terry N. Grimes, King, Fulghum, Snead, Nixon & Grimes, P.C., Roanoke, Virginia, for Appellant Reginald Hayden; Deborah S. Caldwell-Bono, Roanoke, Virginia, for Appellant James Hayden; Paul S. Brenner, New York City, for Appellant Lucas. Ray B. Fitzgerald, Jr., Assistant United States Attorney, Charlottesville, Virginia, for Appellee. ON BRIEF: Robert P. Crouch, Jr., United States Attorney, Cynthia R.
Micklem, Law Intern, T.C. Williams School of Law, Charlottesville, Virginia, for Appellee.
Before WILKINSON, Chief Judge, and RUSSELL and MURNAGHAN, Circuit Judges.
Affirmed in part and reversed in part by published opinion. Judge MURNAGHAN wrote the opinion, in which Chief Judge WILKINSON and Judge RUSSELL joined.
A jury convicted Reginald Hayden, James Hayden, and Tomel Lucas (collectively "the defendants") of conspiracy to possess with the intent to distribute crack cocaine, among other drug-related offenses. The defendants appeal their convictions and sentences on various grounds. We affirm all convictions and sentences, with the exception of James Hayden's conviction and sentence under 18 U.S.C. § 924(c) for using or carrying a gun during and in relation to drug trafficking on June 11, 1994. On that conviction, we reverse.
The defendants were all members of a drug conspiracy trafficking cocaine from New York City to Roanoke, Virginia. The leader, James Hayden ("James"), 1 would arrange to obtain cocaine in New York and then to transport it to Roanoke. Once the drugs arrived in Roanoke, James and Tomel Lucas ("Lucas") would cook and package the powder cocaine into "crack cocaine." Reginald Hayden ("Reginald") purchased crack cocaine from James and then distributed the crack cocaine to various individuals. James and Lucas would also distribute the crack cocaine to various buyers including a confidential informant, Christopher Powell ("Powell").
A jury convicted all defendants of conspiracy to possess crack cocaine with the intent to distribute. Additionally, the jury convicted James of two counts of distribution of crack cocaine, two counts of possession with intent to distribute crack cocaine, and two counts of using or carrying a firearm during and in relation to a drug trafficking crime. They also convicted Lucas of one count of possession with intent to distribute crack cocaine.
The sentencing judge found that Reginald was a career offender pursuant to U.S.S.G. § 4B1.1 and sentenced him to 360 months. James received 592 months and Lucas 168 months.
The defendants raise numerous grounds for appeal. We address each in turn.
The defendants (collectively) contend that the district court erred when it refused to grant their motion for a mistrial following the removal of the only African-American juror from the panel during the presentation of evidence. During the voir dire, the judge asked the potential jurors if they knew any of the witnesses. The only African-American, James Williams ("Williams"), answered that he did not. It then developed, however, that Williams knew Powell, a government informant and witness. However, Williams knew Powell only by his street name "Champ" and thus had not recognized the name Powell. Despite recognizing Powell when he testified the first day of trial, Williams did not speak up. Powell, however, told a prosecutor that he knew Williams. On the third day of trial, the district judge called Williams to the stand and out of the presence of the jury asked him if he knew Powell. Williams admitted that he knew Powell. Williams, a hair dresser, stated that he had cut Powell's hair. The judge therefore dismissed Williams as a juror and replaced him with an alternate.
The defendants moved for a mistrial, which the district judge denied. We review a district court's refusal to grant a mistrial for abuse of discretion. United States v. West, 877 F.2d 281, 287-88 (4th Cir.1989), cert. denied, 493 U.S. 869, 110 S.Ct. 195, 107 L.Ed.2d 149 (1989), and cert. denied, 493 U.S. 959, 110 S.Ct. 377, 107 L.Ed.2d 362 (1989), and cert. denied, 493 U.S. 1070, 110 S.Ct. 1113, 107 L.Ed.2d 1020 (1990). In order to demonstrate an abuse of discretion, the defendants must show prejudice. Id. at 288.
The defendants argue that the presence of a juror who knew a witness prejudiced them even though the juror was dismissed before deliberations began. In exercising its discretion to grant a mistrial, the district court should consider whether there are less drastic alternatives to a mistrial that will eliminate any prejudice. United States v. Smith, 44 F.3d 1259, 1268 (4th Cir.), cert. denied, --- U.S. ----, 115 S.Ct. 1970, 131 L.Ed.2d 859 (1995). In the instance of a biased juror, that juror "can be dismissed and replaced with an alternate juror." United States v. Thompson, 744 F.2d 1065, 1068 (4th Cir.1984); Fed.R.Crim.P. 24(c). Here, the judge did just that--he removed the juror and replaced him with an alternate juror, a measure which eliminated the prejudice of the juror knowing a witness, but did not necessitate the expense and delay of a mistrial. We therefore find no prejudice.
The defendants also argue that dismissal of the only African-American on the jury could have led the remaining jurors to conclude that the dismissed juror was untrustworthy and, by implication, that the defendants, who were also African-American, were also untrustworthy. We disagree. Dismissal of a juror does not necessarily mean that the juror is untrustworthy. The district judge explained the dismissal of Williams to the jury. Furthermore, Williams's dismissal was necessary to avoid the prejudice created by a biased juror. We therefore do not find that the district court abused its discretion in dismissing Williams and refusing to grant a mistrial.
The defendants (collectively) argue that the government failed to meet its burden to prove beyond a reasonable doubt each element of the offense as required by In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970). A reviewing court must uphold a conviction if "after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979) (emphasis in original). Based on a review of the record, we find that there was sufficient evidence to convict the defendants on each count for which the jury found them guilty.
The defendants (collectively) also argue that their sentences should be reversed because Congress's decision to punish convicted crack cocaine dealers more severely than powder cocaine dealers lacks any rational basis and, therefore, is unconstitutional. The Fourth Circuit has reviewed that precise issue in the past and found that "Congress could rationally have concluded that distribution of cocaine base [crack] is a greater menace to society than distribution of cocaine powder and warranted greater penalties because it is less expensive and, therefore, more accessible, because it is considered more addictive than cocaine powder and because it is specifically targeted toward youth." United States v. Thomas, 900 F.2d 37, 39-40. (4th Cir.1990). Many other circuits have also upheld the sentencing disparity between crack cocaine and powder cocaine. See, e.g., United States v. Singleterry, 29 F.3d 733, 740 (1st Cir.), cert. denied, --- U.S. ----, 115 S.Ct. 647, 130 L.Ed.2d 552 (1994); United States v. Stevens, 19 F.3d 93, 97 (2d Cir.1994); United States v. Reece, 994 F.2d 277, 278-79 (6th Cir.1993) (per curiam); United States v. Williams, 982 F.2d 1209, 1213 (8th Cir.1992); United States v. Frazier, 981 F.2d 92, 95 (3d Cir.1992) (per curiam), cert. denied, 507 U.S. 1010, 113 S.Ct. 1661, 123 L.Ed.2d 279 (1993); United States v. Lawrence, 951 F.2d 751, 754-55 (7th Cir.1991); United States v. Galloway, 951 F.2d 64, 65-66 (5th Cir.1992) (per curiam).
The defendants argue that a recent report by the United States Sentencing Commission which concludes that the disparity is not rational should change the court's decision on the matter. A Sentencing Commission report does not change our earlier holdings. Furthermore, Congress rejected the Sentencing Commission's report and recommendation and refused to change the disparity in crack cocaine versus powder cocaine sentences. Thus, we find the defendants' arguments as to the sentencing disparity without merit.
The defendants--individually--also raise a number of grounds for appeal. Reginald contends that the district court erred by failing to declare a mistrial after a government witness mentioned his prior imprisonment. Monique Taylor, Reginald's daughter, mentioned during her testimony that Reginald had been in prison. 2 The defense immediately objected and the district judge instructed the jury to disregard Taylor's testimony. 3 Reginald's counsel moved for a mistrial which the district judge denied.
As stated earlier, we review a district court's refusal to grant a mistrial for abuse of discretion. West, 877 F.2d at 287-88. In order to demonstrate an abuse of discretion, the defendants must show prejudice. Id. at 288.
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