U.S. v. Pofahl
| Decision Date | 06 May 1993 |
| Docket Number | No. 92-8104,92-8104 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Amy Ralston POFAHL, Charles T. Nunn, and Randy White, Defendants-Appellants. |
| Court | U.S. Court of Appeals — Fifth Circuit |
J. Marlin Blackledge, Waco, TX (Court-appointed), for Nunn.
Art B. Clifton, Plano, TX (Court-appointed), for White.
Todd P. Kelly, Law, Snackard & Gamble, Fort Worth (Court-appointed), for Pofahl.
Richard L. Durbin, Jr., Charlie Strauss, Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., San Antonio, TX, for U.S.
Appeals from the United States District Court for the Western District of Texas.
Before REYNALDO G. GARZA, HIGGINBOTHAM, and EMILIO M. GARZA, Circuit Judges.
Defendants, Amy Ralston Pofahl ("Pofahl"), Charles T. Nunn ("Nunn"), and Randy White ("White"), were jointly tried before a jury and convicted of offenses stemming from a conspiracy to import into the United States and distribute 3,4-methylenedioxymethamphetamine ("MDMA" or "Ecstasy"). Pofahl, Nunn, and White were all convicted of conspiring to distribute and possess with intent to distribute MDMA, in violation of 21 U.S.C. §§ 841(a)(1), 846 (1988). Both Pofahl and Nunn were convicted of conspiring to import MDMA into the United States, in violation of 21 U.S.C. §§ 952(a), 963 (1988). Pofahl was also convicted of money laundering, in violation of 18 U.S.C. § 1956(a)(1)(B)(i) (1988). All three defendants now appeal their convictions and sentences. We vacate Nunn's sentence and remand for specific findings of fact. Otherwise we affirm in all respects.
From 1985 until early 1989, Charles Pofahl 1 and Morris Key operated an elaborate conspiracy for the purpose of trafficking in MDMA, more popularly known as Ecstasy. Charles Pofahl hired Dr. Morris Key, a professional chemist, to assist in the production of MDMA. Raw chemicals were purchased in West Germany and shipped to Guatemala, where they were used to manufacture MDMA tablets. Key and Charles Pofahl then employed a number of individuals to smuggle the drugs into the United States, where an extensive network of distributors and dealers sold them to consumers. Between 1985 and 1989, several million MDMA tablets were manufactured by the Pofahl-Key operation, some of which were imported and sold. Large quantities of MDMA were seized by law enforcement officials.
Amy Pofahl met Charles Pofahl in 1985, and they married in November of that year. Amy Pofahl was personally involved in many aspects of her husband's drug trafficking operation. She traveled with him to Guatemala on several occasions when he was taking part in the management of the conspiracy. Amy Pofahl assisted Charles Pofahl with counting and bottling MDMA tablets. She also introduced her former boyfriend, Larry Morrow, into the conspiracy and thereafter sold MDMA to him when he became a distributor. Amy Pofahl continued to sell MDMA and receive the proceeds of MDMA sales after Charles Pofahl's personal involvement in the conspiracy ended with his arrest in West Germany.
Charles T. Nunn served the conspiracy as a smuggler. Nunn transported 130,000 tablets of MDMA from Guatemala to the United States by car, and he was in Guatemala preparing to return with another shipment when he learned that Charles Pofahl had been arrested in Germany.
Randy White lived, worked, and sold MDMA in the Dallas area. White regularly received substantial quantities of MDMA--manufactured by the Pofahl-Key operation--from Tom and Dan Drath. The Draths received the MDMA from Charles Wesley Knight, who received it directly from Morris Key and Charles Pofahl. Randy White regularly sold MDMA to several lower-level distributors.
A cooperative investigation by state and federal authorities led to the arrests of a number of participants in the conspiracy, including Pofahl, Nunn, and White, all of whom were charged in an indictment alleging a variety of drug and money laundering offenses. Pofahl, Nunn, and White were tried together before a jury, which found all three defendants guilty of Count One of the indictment--conspiring to distribute and possess with intent to distribute MDMA, in violation of 21 U.S.C. §§ 841(a)(1), 846 (1988). Both Pofahl and Nunn were found guilty of Count Two--conspiring to import MDMA into the United States, in violation of 21 U.S.C. §§ 952(a), 963 (1988). The jury also found Pofahl guilty of Count Six--money laundering, in violation of 18 U.S.C. § 1956(a)(1)(B)(i) (1988).
The district court sentenced Pofahl to consecutive prison terms of 240 months for Count One and 52 months for Count Two. Pofahl received a concurrent term of 60 months on Count Six. The district court sentenced Nunn to 235 months imprisonment for Count One and a concurrent term of 60 months on Count Two. Randy White received a sentence of 109 months imprisonment. 2
Pofahl, Nunn, and White now appeal their convictions and sentences. All three appellants allege racial discrimination in the selection of the jury. Both Pofahl and White attack the sufficiency of the evidence to support their conspiracy convictions.
Pofahl raises several additional claims: (a) that the district court erred in its handling of her motion for appointment of a psychiatric consultant, pursuant to 18 U.S.C. § 3006A (1988), and that her trial counsel was ineffective for failing to object to the district court's handling of the motion; (b) that the district court erroneously denied her motion to suppress evidence seized from her residences in violation of the Fourth Amendment; (c) that the district court, in imposing sentence, held her accountable for an excessive quantity of MDMA; (d) that her sentence was enhanced on account of an erroneous finding that she was a manager in the conspiracy; and (e) that her sentence was enhanced as a result of the district court's erroneous finding that she attempted to obstruct justice.
Charles Nunn argues that (a) the district court erred by denying his motion to sever, (b) the district court held him responsible at sentencing for an excessive quantity of drugs, (c) he should have been granted an offense level reduction as a minimal or minor participant in the conspiracy, (d) he was entitled to an offense level reduction for acceptance of responsibility, and (e) the district court erred by enhancing his sentence for possession of a firearm during the course of the offense without first specifically finding that he possessed the gun, as required by Fed.R.Crim.P. 32(c)(3)(D).
Randy White claims that (a) his confession should have been suppressed, because it was made without the benefit of the warnings prescribed by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and (b) the district court at sentencing held him accountable for an excessive quantity of MDMA.
Joint Claims
Pofahl, Nunn, and White argue that their convictions must be reversed on account of racial discrimination in the selection of the jury. The appellants present several arguments to that effect, none of which has merit.
Pofahl, Nunn, and White contend that the district court erred by overruling White's objection, premised on Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), to the prosecutor's use of peremptory strikes to remove all of the African-Americans and Hispanic-Americans from the jury. The Equal Protection Clause 3 forbids a prosecutor to exercise peremptory challenges against prospective jurors solely on account of their race. Id. at 89, 106 S.Ct. at 1719. To show that the prosecutor violated the Equal Protection Clause by her use of peremptory strikes, a defendant must first demonstrate that the facts raise an inference that the strikes were racially motivated. Id. at 93-94, 106 S.Ct. at 1721. Once the defendant makes that prima facie case, the prosecutor has the burden of showing that the strikes were based on "permissible racially neutral selection criteria." See id. at 94, 106 S.Ct. at 1721. After the prosecutor offers a racially neutral explanation, the district court must determine whether the defendant has established purposeful racial discrimination. See id. at 98, 106 S.Ct. at 1724.
Following voir dire, counsel for White drew the district court's attention to the fact that the prosecutor had exercised peremptory strikes to remove from the jury the only two African-American venire members and the one Hispanic venire member. See Supp. Record on Appeal, vol. 7, at 74, 77. The district court apparently understood counsel to be making a Batson objection, and asked the prosecutor whether he could "state nondiscriminatory reasons for striking" the three venire members. 4 See id. at 74. The prosecutor answered that he generally tended to strike jurors "on economic grounds" rather than racial grounds. See id. at 75. In particular the prosecutor preferred "a middle class jury" made up of jurors "who work[ed] eight hours a day and [were] preferably salaried." See id.
The prosecutor offered specific reasons for striking each of the three contested venire members. See id. He stated that venireman Bolds was struck because he was single and a school bus driver. Based on those facts, the prosecutor surmised that Mr. Bolds probably earned low wages and was not employed full time. See id. The prosecutor said that he struck venireman Olivarez because he was a self-employed auto mechanic, and as a result it was not possible to determine how many hours Mr. Olivarez worked or how much money he earned. See id. at 76. The prosecutor also stated that he was suspicious of Mr. Olivarez's dress and demeanor. See id. The prosecutor asserted that he struck Ms. Sargent because she was not paying attention during voir dire. See id. at 75-76. After hearing these explanations, the district court overruled White's objection to the prosecutor's use of his peremptory strikes. See id. at 77.
Because only White objected to the prosecutor's use of peremptory challenges, see id. at...
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