U.S. v. Randle, 85-2209

• Decision Date: 31 March 1987
• Docket Number: No. 85-2209,85-2209
• Citation: 815 F.2d 505
• Parties: UNITED STATES of America, Appellee, v. Deborah RANDLE, Appellant.
• Court: U.S. Court of Appeals — Eighth Circuit

Page 505

815 F.2d 505

UNITED STATES of America, Appellee, v. Deborah RANDLE, Appellant.

No. 85-2209.

United States Court of Appeals Eighth Circuit.

Submitted Jan. 16, 1987.

Decided March 31, 1987.

William P. Russell, St. Louis, Mo., for appellant.

J. Bennett Clark, Asst. U.S. Atty., St. Louis, Mo., for appellee.

Before McMILLIAN, JOHN R. GIBSON and MAGILL, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Deborah Randle appeals her conviction of possession of cocaine with intent to distribute and conspiracy to distribute cocaine in violation of 21 U.S.C. Secs. 841(a)(1), 846 (1982). Randle argues that the district court ¹ erred in denying her the opportunity to impeach the government's key witness, James Crawford, through the testimony of William Weaver as to Crawford's prior sales of cocaine; in overruling her objections to two jury instructions; in admitting statements of her co-conspirators; in admitting evidence of weapons and ammunition found in her residence; and in denying her motion for acquittal. We affirm the judgment of conviction entered on the jury verdict.

The indictment charged both Randle and Samuel Petty, who lived at her residence, with five counts of possession with intent to distribute and conspiracy to distribute cocaine. Petty was tried separately and convicted; this court affirmed his conviction. United States v. Petty, 798 F.2d 1157 (8th Cir.1986). Randle challenges the sufficiency of the evidence to sustain her conviction. We therefore state the evidence developed at her trial in the light most favorable to the government. See United States v. Lueth, 807 F.2d 719, 731 (8th Cir.1986).

There was testimony that in late February or early March of 1984 Randle told a longtime friend, James Crawford, that she had cocaine available for sale to him and his acquaintances. Shortly after this conversation Crawford contacted Randle and arranged to buy one-half a gram of cocaine for his neighbors, Sandy and Deborah Callicott. Crawford gave Randle $50 and she went upstairs, returning with a small white paper package containing cocaine. She gave the cocaine to Crawford who in turn gave it to Sandy Callicott. A few days later Crawford, accompanied by Sandy Callicott, again went to the Randle house. Crawford entered the house while Callicott remained in the car, and Petty brought the gram of cocaine, packaged in white paper, from upstairs.

On March 22, 1985 St. Louis City Police Detective Jerry Leyshock, acting under cover, was introduced to the Callicotts for the purpose of purchasing cocaine. Four days later, Leyshock arranged a purchase from Deborah Callicott. That evening, March 26, Deborah Callicott and Crawford went to the Randle house to purchase one-half a gram of cocaine from Randle for $50. Randle went upstairs to get the cocaine, which was again packaged in white paper. After receiving the cocaine from Crawford, Callicott added a gram of cut to it; he later sold the gram to Leyshock for $110 on a White Castle drive-in parking lot. The next day, March 27, Leyshock accompanied Deborah Callicott and Crawford to the Randle house. He gave $135 to Callicott who gave it to Crawford. Crawford went into the Randle house and again Randle went upstairs to get the cocaine, which was packaged as before. Leyshock asked Crawford about the possibility of purchasing greater quantities and Crawford stated that these people "always have weight" of cocaine for sale. On April 2, Leyshock, Deborah Callicott, and Crawford went to the Randle house to purchase two grams of cocaine for $270. After Crawford was inside the house, two individuals came to the house with clothes for Randle and her children. Randle paid for the clothing with cocaine which she obtained from upstairs. She went upstairs again to get the two grams for Crawford and Randle. Crawford discussed with her the possible sale of a quarter-ounce of cocaine a few days later. Crawford left the house and gave the cocaine, packaged in white paper, to Leyshock and the two discussed purchasing the larger quantity.

Leyshock arranged to meet with Crawford and Deborah Callicott on April 4 for the quarter-ounce purchase. Crawford and Callicott were on the White Castle parking lot for that purpose at the appointed time. The police had decided to execute a search warrant at the Randle house, however, and Crawford and Callicott were arrested after exiting the parking lot. The search turned up quantities of cocaine, cutting agents, drug paraphernalia, cash, firearms, and ammunition.

The charges against Randle and Petty were severed. After a six-day jury trial, Randle was convicted on all counts. The district judge sentenced her to eight years imprisonment on each count, to run concurrently, and fined her $10,000. This appeal followed.

Randle first argues that the district court erred in refusing to permit her to impeach Crawford's credibility through the testimony of William Weaver. Randle's offer of proof established that Weaver would testify that he and Crawford were friends, and that Weaver had seen Crawford sell cocaine. Crawford's modus operandi was to receive money from a customer, tell the customer he would be back in a few minutes, and then walk or drive around for some time before returning and giving the customer the drugs Crawford had been carrying all along. Randle contends that this evidence would have both undermined Crawford's credibility and demonstrated Crawford's interest and bias in favor of the government.

Petty raised this argument in the appeal of his conviction, following a similar attempt to impeach Crawford's credibility at his trial, and another panel of this court rejected it. We held in ...