U.S. v. Isaacs, 75-1401

• Decision Date: 25 July 1975
• Docket Number: No. 75-1401,75-1401
• Citation: 516 F.2d 409
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Francene Wilson ISAACS and Isaac Washington, Defendants-Appellants. Summary Calendar. *
• Court: U.S. Court of Appeals — Fifth Circuit

Page 409

516 F.2d 409

UNITED STATES of America, Plaintiff-Appellee, v. Francene Wilson ISAACS and Isaac Washington, Defendants-Appellants.

No. 75-1401

Summary Calendar. ^*

United States Court of Appeals Fifth Circuit.

July 25, 1975.

Melvyn Kessler, Miami, Fla. (Court appointed), for Isaacs.

James J. Hogan, Miami Beach, Fla. (Court appointed), for Washington.

Robert W. Rust, U. S. Atty., Joel C. Fanning, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Appeals from the United States District Court for the Southern District of Florida.

Before BROWN, Chief Judge, and GODBOLD and GEE, Circuit Judges.

JOHN R. BROWN, Chief Judge:

Appellants Isaac Washington and Francene Wilson Isaacs seek reversal of their convictions for conspiracy, possession and distribution of cocaine. They argue the court erred in admitting certain evidence, in excluding other evidence, in not granting a severance or mistrial for Washington, and in not granting Isaacs' motion for acquittal as to the conspiracy count. We have reviewed these contentions and found them to be without merit. We affirm.

The two appellants along with a third person were indicted for conspiracy to distribute, possession and distribution of cocaine. On August 30, 1974, Drug Enforcement Administration Agents Williams and Andrejko, accompanied by a confidential informant, Ken Cain, met with Francene Wilson Isaacs. She stated the cocaine transaction would be delayed, that her man was doing another deal, but supplied Cain with two samples of cocaine. On Sept. 5, Agents Williams and Heyman, along with Cain returned to Ms. Isaacs apartment. They were met there by appellant Washington. Washington told Williams the cocaine was nearby, and as soon as Francene got there he would go get it. He apologized for the delay, and stated that the cocaine was Columbian. Francene returned and Washington left. She stated to Williams that she worked for Washington as a prostitute. Various meeting places were tried, and rejected but Washington did give Williams a sample of the coke in a gum wrapper. Finally, Williams went back to Ms. Isaacs' apt., where she handed him a plastic bag containing about one pound of cocaine.

At trial, the government's chief witness, Agent Williams, testified that Ms. Isaacs had told him she worked for Washington. This was objected to but overruled. Ms. Isaacs' counsel on cross then asked what she did for Washington. This was objected to, but again overruled. Williams stated that she told him she was a prostitute for Washington. A question as to the length of her employment was deemed irrelevant and the objection was sustained. Washington argues all this testimony was prejudicial to him, denied him his Sixth Amendment rights, and that he should have been severed. Ms. Isaacs also objects to the testimony, and argues the motion for acquittal should have been granted as to the conspiracy count.

The rule in this circuit has long been that the trial court's rulings as to the relevancy and materiality of evidence will not be disturbed absent a clear showing of an abuse of discretion. United States v. Mora, 5 Cir., 1975, 510 F.2d 383; United States v. Calles, 5 Cir., 1973, 482 F.2d 1155. Washington objected to the testimony that Ms. Isaacs worked for him as a prostitute, and now argues the jury was prejudiced by the fact that she was a white woman working for him, a black man. The court specifically instructed the jury was not to consider the testimony against Washington. When Ms. Isaacs sought to...