U.S. v. Law

Citation528 F.3d 888
Decision Date13 June 2008
Docket NumberNo. 05-3091.,No. 05-3120.,No. 05-3092.,05-3091.,05-3092.,05-3120.
PartiesUNITED STATES of America, Appellee v. Nathaniel LAW, Appellant.
CourtUnited States Courts of Appeals. United States Court of Appeals (District of Columbia)

Appeals from the United States District Court for the District of Columbia (No. 03cr00311-01) (No. 03cr00311-02) (No. 03cr00311-04).

Robert A. Ratliff argued the cause and filed briefs and Jonathan Zucker filed a brief for appellant William Farrell.

Michael T. Morley argued the cause for appellant Nathaniel Law. With him on the briefs was Katherine Leong.

Joseph Virgilio, appointed by the court, argued the cause and filed the briefs for appellant Carroll Fletcher.

Katherine M. Kelly, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Jeffrey A. Taylor, U.S. Attorney, and Roy W. McLeese, III, Mary B. McCord, Kenneth F. Whitted, and George P. Eliopoulos, Assistant U.S. Attorneys. John P. Gidez, Assistant U.S. Attorney, entered an appearance.

Before: GINSBURG, BROWN, and KAVANAUGH, Circuit Judges.

Opinion for the Court filed PER CURIAM.

PER CURIAM:

Appellants William Farrell, Nathaniel Law, and Carroll Fletcher were convicted by a jury of conspiring to traffic in narcotics and of numerous related crimes. Each appellant raises a number of objections to his convictions and sentence. We affirm in all respects except that we reverse Farrell's conviction for conspiring to launder money, one of Law's convictions for distributing cocaine base, and Fletcher's conviction for maintaining a drug residence. The cases are remanded to the district court for re-sentencing consistent herewith.

I. Background

In the fall of 2000, the Federal Bureau of Investigation launched a three-year investigation into the appellants' trafficking in narcotics. The FBI initially gathered information about the appellants' operations by monitoring their communications and learning of several locations they used, including a recreation center at 4th St. and Rhode Island Ave. N.E. (the Center), the Shiloh Baptist Church at 9th St. and P St. N.W., a four-unit apartment building at 2002 Rosedale St. N.E., an apartment at 200 K St. N.W., and a KFC restaurant at Florida Ave. and North Capitol St. N.E. Through its continued monitoring of the appellants' communications and of these locations, the FBI gathered evidence against the appellants and others, including Thomas Jackson, Ricardo Atcherson, Renaldo Mason, Harry Jackson, Ronald Valentine-Bey, and Lynn Cyrus. Thomas Jackson, Atcherson, Mason, Harry Jackson, Valentine-Bey, and Cyrus, all of whom then provided further information about the appellants' activities, participated in controlled purchases from the appellants, and testified at trial.

The Government introduced compelling evidence that the appellants distributed powder cocaine, cocaine base (also known as crack cocaine) and heroin on numerous occasions and that they did so pursuant to an agreement among themselves. For example, Thomas Jackson testified that Farrell ordinarily dealt with "the connection," meaning the source of their drugs, but for a time Farrell, afraid the police were monitoring his actions, had Fletcher deal with the source. During that period, Thomas Jackson bought 15 kilograms or more of powder cocaine from Fletcher. After Fletcher failed to pay the connection as required, Farrell resumed control over relations with the connection, and Fletcher introduced Thomas Jackson to Farrell so that Fletcher "won't be in the middle of it" anymore. Thomas Jackson testified he bought more than three kilograms of powder cocaine from Farrell. Harry Jackson testified Fletcher sold heroin to him twice and arranged for Farrell to sell heroin to him once. Cyrus often bought crack cocaine from Fletcher, who was sometimes accompanied by Law. On one occasion, Fletcher arranged for Cyrus to buy 62 grams of crack cocaine from Law. Mason testified Law sold him at least nine kilograms of powder cocaine between late 2000 and early 2003 and at least 250 grams of heroin in the summer of 2003. Mason also testified that when he would ask Law for narcotics, Law would first call Farrell, and sometimes Farrell would accompany Law to the transaction; indeed, Law told Mason that Farrell was his source.

Throughout the period of the conspiracy, Karlene Thomas owned the Rosedale building, but from 1993 until at least September 2001, she relinquished control over the building to her former boyfriend, Nathaniel Moore. He in turn gave control to Farrell, who made the monthly mortgage payment of about $600 in Karlene Thomas's name and collected and kept the rent from the tenants. Law resided in apartment #3 in the Rosedale building. In 2002, FBI agents arrested Law and then searched his apartment pursuant to a valid warrant. The agents discovered various drug-related items, such as a scoop, the box to a coffee grinder, and digital scales, each with a residue of crack cocaine on it.

During their search of Law's apartment, the agents also discovered that a key they had seized from Law during his arrest fit the lock to apartment #4, which was across the hall from Law's apartment. The agents called Karlene Thomas, who consented to their search of that apartment. There they found 15 grams of crack cocaine, 17.7 grams of heroin, business cards for Farrell and Fletcher, a loaded shotgun, and various drug-related items, such as razor blades, syringes, a strainer, a coffee grinder that matched the coffee grinder box found in Law's apartment and digital scales, each with a residue of crack cocaine on it.

FBI agents and Metropolitan Police officers also found incriminating evidence when they arrested Farrell and searched his home. In November 2003, an officer conducting a traffic stop of Farrell seized $3,411, of which $3,030 was in bills the FBI had provided to Mason earlier that day for a controlled drug purchase from Farrell and Law. About a week later, Farrell recovered the $3,411 from the police by presenting a receipt for a savings bond in the amount of $10,368, which he had cashed shortly before the money was seized. Three days later, agents executed a search warrant at Farrell's home, where they found more than $19,000 in cash, $1,100 of which was in bills used by Mason in the aforementioned controlled purchase. Agents also found a gun, money order receipts in Karlene Thomas's name for mortgage payments on the Rosedale building, and various drug-related items, such as plastic baggies, a scale, and paper face masks.

As these facts suggest, and as the jury found, Farrell was the leader of the conspiracy. He controlled the Rosedale building, at which the appellants conducted some of their drug activities. Law and Fletcher often consulted Farrell before entering into a transaction. And Farrell managed the connection.

The appellants were arrested late in 2003. A grand jury indicted them on a number of charges, as follows:

Count 1: Farrell, Law, and Fletcher were charged under 21 U.S.C. §§ 841 and 846 with conspiring to possess with intent to distribute and conspiring to distribute five kilograms or more of cocaine, 50 grams or more of cocaine base, and 100 grams or more of heroin.1

Count 2: Farrell was charged under 18 U.S.C. § 1956 with conspiring to launder the proceeds of his drug transactions by making mortgage payments on the Rosedale building in Karlene Thomas's name.

Count 3: Farrell, Law, and Fletcher were charged under 21 U.S.C. § 856 with maintaining a residence (the Rosedale building) for the purpose of manufacturing, distributing, and using a controlled substance.

Count 4: Fletcher was charged under 21 U.S.C. § 856 with maintaining a residence (the apartment at 200 K St. N.W.) for the purpose of manufacturing, distributing, and using a controlled substance.

Count 5: Fletcher was charged under 21 U.S.C. § 841 with distributing 50 grams or more of cocaine base through a purchase made by Cyrus.

Counts 6-11: Law was charged under 21 U.S.C. § 841 with six counts of distributing five grams or more of cocaine base, to wit, six controlled purchases made by Atcherson.

Count 12: Law was charged under 21 U.S.C. § 860 with distributing cocaine base within 1,000 feet of a school through a controlled purchase made by Atcherson.

Count 13: Farrell, Law, and Fletcher were charged under 18 U.S.C. § 2 and 21 U.S.C. § 841 with possessing with intent to distribute five grams or more of cocaine base, which was discovered in apartment #4 of the Rosedale building.

Count 14: Farrell and Law were charged under 21 U.S.C. § 841 with distributing cocaine through a controlled purchase made by Mason.

Count 15: Farrell was charged under 21 U.S.C. § 841 with distributing cocaine through a controlled purchase made by Valentine-Bey.

The jury acquitted Fletcher on Count 3 but convicted the appellants of all other counts. In a special verdict, the jury also found Farrell was "an organizer or leader" of a drug trafficking organization, which increased by four his offense level for purposes of sentencing, see U.S. SENTENCING GUIDELINES MANUAL (U.S.S.G.) § 3B1.1(a) (2007); and that Farrell should forfeit assets in an amount equal to the proceeds of his drug trafficking offenses in Counts 1, 14, and 15 ($874,800) and the funds involved in the money laundering offense in Count 2 ($28,560), see 21 U.S.C. § 853(a); 18 U.S.C. § 982(a)(1).

The district court sentenced Farrell to 324 months in prison on each of Counts 1, 13, 14, and 15, and to 240 months in prison on each of Counts 2 and 3, all sentences to run concurrently. The district court sentenced Law to life in prison without release on Count 1 and concurrently to 212 months in prison on each of Counts 3 and 6-14. Finally, the district court sentenced Fletcher to life in prison without release on Counts 1 and 5, 240 months in prison on Count 4, and 250 months in prison on Count 13, all sentences to run concurrently. Law's and Fletcher's...

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