U.S. v. Johnson
| Citation | 18 F.3d 641 |
| Decision Date | 18 March 1994 |
| Docket Number | No. 93-3418,93-3418 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Willie Christopher JOHNSON, Defendant-Appellant. |
| Court | United States Courts of Appeals. United States Court of Appeals (8th Circuit) |
Before LOKEN, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and KYLE, * District Judge.
Appellant Willie Christopher Johnson appeals his conviction 1 by the district court 2 for conspiracy to distribute cocaine, possessing with intent to distribute cocaine, use of a firearm during a drug trafficking crime and being a convicted felon in possession of a handgun in violation of 21 U.S.C. Secs. 846, 841(a)(1); 18 U.S.C.A. Secs. 924(c)(1) and 922(g)(1); he argues that the evidence was insufficient to prove either his knowledge or his possession of the narcotics and firearms. We affirm.
Because the facts surrounding Johnson's arrest are critical to his appeal, we have thoroughly reviewed the entire trial transcript and provide the following detailed discussion of the factual and procedural background.
At 8:19 p.m. on June 10, 1992, Officer Eric Schafer of the Scott City, Missouri Police Department stopped a Ford Tempo automobile on north-bound Interstate 55 for speeding. Officer Schafer recognized the driver of the vehicle as Willie Craig, an individual who Officer Schafer had stopped for speeding approximately one month earlier. 3 After it was determined that Craig was driving with a suspended license, he was arrested. Johnson was seated in the front passenger seat of the automobile; a check of his legal identity showed no outstanding warrants.
After obtaining Craig's consent to search the vehicle, Schafer, assisted by Scott City Police Officer Bobby Wooten, removed Johnson from the automobile, patted him down, and moved him away from the automobile. Schafer and Wooten proceeded to search the vehicle.
Wooten discovered $167.00 in one dollar bills in the glove compartment. Upon opening the right rear door of the vehicle, Wooten discovered a green or blue-green gym bag (the "blue bag") on the right side of the rear seat, laying parallel to the back seat; the bag had no tags or other marks identifying the owner. The blue bag was open and protruding from it were the wooden grips of a .38 caliber revolver, the butt of which was facing toward the front seat of the vehicle, approximately one and one-half feet from the passenger seat. The barrel of the revolver was in the bag, obscured by a pair of blue jeans. Wooten examined the firearm and determined that it was loaded.
After informing Schafer that he had discovered a weapon, Wooten set the firearm down and continued to search the blue bag. In the blue bag Wooten found a brown paper-wrapped package, which the parties stipulated contained one kilogram of cocaine. Continuing his search, Wooten discovered a second .38 caliber revolver (also loaded), and two other similarly wrapped packages, both of which contained cocaine. After removing the two firearms and the three packages from the blue bag, the officers placed Johnson under arrest and directed that the automobile be impounded and towed to the Scott City Police Department.
Scott City Police Officer Scott Blakely conducted a post-seizure inventory search of the vehicle. Blakely discovered a black gym bag (the "black bag") on the left floor boards of the vehicle, directly behind the driver's seat. The black bag had the name "Willie Tidwell" 4 on it. The black bag contained papers, an address book, clothing and toiletries, as well as two sets of car keys.
The officers also found some papers in the vehicle, including two receipts from a Best Western Motel in Marshall, Texas, dated June 10, 1992, for room and telephone charges. The receipts indicated that two persons had checked into the motel at 5:27 a.m. on June 10th, paying for the room when they checked-in, and that the parties were at the motel until at least 11:10 a.m. on that same date, when the final telephone charge was incurred. The receipt for room charges contained the name Willie Craig; Johnson's name was not on either receipt. The distance from Marshall, Texas to Scott City, Missouri is approximately 500 miles.
A number of items of clothing were found in each bag. The black bag contained, amongst other things, (a) one pair of undershorts, size Double X, 46-48; (b) a belt, size 46; (c) a shirt, size Triple X; and (d) a pair of "Boxer Short" brand boxer shorts, size M 34-36. The blue bag contained (a) a pair of boxer shorts, size XL 42-44; (b) a pair of blue jeans, size 33 (waist), 36 (length); (c) a pair of blue jeans, size medium (waist), 36 (length); and (d) a pair of "Nike" brand tennis shoes, size 11.
After being in the custody of state officials, Johnson was taken into federal custody in mid-September, 1992. At that time, federal officials took custody of the clothing he was wearing, including Johnson's underwear, a pair of "Boxer Short" boxer shorts, size M 34-36. Those boxer shorts were identical in brand, style, and size to the boxer shorts discovered in the black bag. Officials also took possession of Johnson's shoes, "Nike" brand tennis shoes, size 10. The parties stipulated that the shoes Craig was wearing on June 10, 1992 were size 12.
Johnson is five feet, nine inches tall, and the parties stipulated that he weighed approximately 180 pounds. Craig is five feet, nine inches tall, and the parties stipulated that he weighed approximately 300 pounds.
None of the officers involved in the events preceding Johnson's arrest observed Johnson reaching into the blue bag, the back seat or the glove compartment. In addition, with the exception of one of the two sets of keys in the black bag, nothing in either bag could be identified as belonging to Johnson. 5
During the trial, Johnson tried on both pairs of blue jeans. After viewing Johnson in both pairs, the trial judge stated:
I think we should at least indicate my conclusions as the trier of fact from the demonstration that has just been carried out.
The first set of blue jeans that were tried on by the defendant Johnson appear to me to be approximately two to three inches too small in the waist and perhaps four to five inches too long.
The second pair of blue jeans appear to me to be approximately two inches too small in the waist and one to two inches too long.
This is simply my impression.
Immediately prior the close of the government's case-in-chief, the parties offered, and the district court received, a series of stipulations, Nos. 1-21, and 23-24. Johnson objected to Stipulation Nos. 22 25, 25-A and 26, on the grounds of relevance; those four stipulations were received "conditionally," subject to a later determination of relevancy. 6 Tr., at 112-113.
After the government had rested, Johnson moved for judgment of acquittal, contending that the prosecution had failed to meet its burden of proof; he did not present any evidence. The district court took the matter, including Johnson's motion for judgment of acquittal, under advisement.
On July 12, 1992 the district court issued its Judgment, wherein it (1) determined that there was sufficient evidence in the case in which to submit the matter to a jury had the matter been tried before a jury, and (2) acting as a finder of fact, determined and adjudged Johnson guilty of all four offenses contained in the Indictment. Johnson was sentenced to the custody of the Bureau of Prisons for a term of 200 months: 140 months on Counts I and II, said terms to run concurrently; 60 months on Count III, said term to run consecutively to Counts I and II; and 120 months on Count IV, said term to run concurrently with Counts I, II, and III. This appeal followed.
For reversal, Johnson raises a single point of error: the district court's finding that there was sufficient evidence to support a conviction on any of the four counts charged in the Indictment, i.e., the government failed to prove beyond a reasonable doubt a sufficient nexus between Johnson and the firearms and cocaine in the blue bag. 7
Our standard of review for claims regarding the sufficiency of the evidence is well established. We must view the evidence
in the light most favorable to the government, giving the government the benefit of all reasonable inferences which may logically be drawn therefrom. The evidence need not exclude every reasonable hypothesis of innocence, but simply "be sufficient to convince the [fact finder] beyond a reasonable doubt that the defendant is guilty." If the evidence rationally supports two conflicting hypotheses, a reviewing court will not disturb a conviction. Indeed, this court may overturn the verdict only if the evidence properly viewed is such that a "reasonable-minded [fact finder] must have entertained a reasonable doubt as to the government's proof of one of the essential elements of the offense."
United States v. Holm, 836 F.2d 1119, 1122 (8th Cir.1988) (citations omitted) (emphasis in original); see United States v. Matra, 841 F.2d 837, 840 (8th Cir.1988) ().
The evidence introduced at trial directly established that Johnson was a passenger in a car in which police officers discovered three kilograms of cocaine and two firearms. Both the firearms and the cocaine were in a blue gym bag on the back seat of the vehicle, approximately 2 feet away from Johnson. The blue bag was open and one of the firearms was protruding from the bag, with the butt-end facing towards the front passenger seat. The evidence at trial also established that clothing consistent with Johnson's size was found in both the black bag and the blue bag containing the cocaine and firearms. When the vehicle was stopped, Johnson did not attempt to reach into the back seat or anywhere else in the vehicle, nor did he appear nervous or fidgety at any time during the stop and ensuing search of the vehicle.
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