U.S. v. Stewart
| Decision Date | 16 July 2004 |
| Docket Number | No. CR.A. 02-62-1-JJF.,CR.A. 02-62-1-JJF. |
| Citation | 325 F.Supp.2d 474 |
| Parties | UNITED STATES of America, Plaintiff, v. Bruce K. STEWART, Defendant. |
| Court | U.S. District Court — District of Delaware |
Colm F. Connolly, Esquire, United States Attorney, and Keith M. Rosen, Esquire, Assistant United States Attorney of the Office of the United States Attorney, Wilmington.
Samuel C. Stretton, Esquire of Samuel C. Stretton, West Chester, PA, for Defendant.
Pending before the Court is a Motion For A New Trial And Arrest Of Judgment (D.I.192), an Amended Post-Trial Motion (D.I.213) and a Second Supplemental Post-Trial Motion (D.I.219) filed by Defendant, Bruce K. Stewart. For the reasons set forth below, the Court will dismiss the motions as untimely, and in the alternative, deny the motions on the merits of the substantive claims raised therein.
Defendant was indicted by the Grand Jury on ten counts involving a variety of drug and drug-related offenses, including: (1) conspiracy with intent to distribute cocaine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A) and 846 (Count I); (2) knowing possession of cocaine with intent to distribute on specific dates, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C) and 18 U.S.C. § 2 (Counts II through VIII); (3) violation of the Travel Act pursuant to 18 U.S.C. § 1952 (Count IX); and (4) money laundering on or about March 31 through April 3, 2000, in violation of 18 U.S.C. § 1956 (Count X). Defendant was also separately indicted on four counts of assaulting a Deputy United States Marshal in violation of 18 U.S.C. § 111(a).
Defendant was tried before a jury and found guilty on all counts of the first indictment on September 17, 2003. (D.I.185). No post-verdict applications were made to the Court by Defendant following the jury's verdict. (G-60).1 On September 30, 2003, Defendant filed a Motion For A New Trial And Arrest Of Judgment. (D.I.192). The Court ordered the Government to respond to the motion and gave Defendant the option to file a reply brief, if he wished. (D.I.206). Before the Government could respond to the motion, Defendant then requested an extension of time to supplement his motion. (D.I.210). The Court granted Defendant's request and simultaneously ordered the Government to file a response within thirty days of the date of Defendant's filing. (D.I.211). Defendant then filed an Amended Post-Trial Motion (D.I.213) on December 5, 2003, and the Government filed its response (D.I.217) contending that the motion is untimely, and in the alternative, that Defendant is not entitled to relief on the merits of his claims.
On January 20, 2004, Defendant filed a Second Supplemental Post-Trial Motion (D.I.219). The Government also filed a response to the supplemental motion (D.I.220) reiterating its previous argument that Defendant's motion is untimely and contending that the additional arguments raised by Defendant are substantively without merit.
At trial, the Government presented evidence that Defendant was introduced to Dennis Rawls, a resident of Los Angeles, California, by a mutual friend known as "Mike" or "J.D." (D-73). Defendant expressed to Mr. Rawls that he was interested in purchasing a kilogram of cocaine. (D-76-77). Mr. Rawls later met with Defendant and Darnell Evans, whom Mr. Rawls knew as "Arc" or "Rob." (D-79). Mr. Rawls agreed to obtain the cocaine for Defendant and Mr. Evans, in exchange for $17,000, a $1,000 more than the price Mr. Rawls was being charged. (D-80-83). Approximately seven more drug transactions occurred between Defendant and Mr. Evans and Mr. Rawls in early 2000. (D-85).
The Government also presented evidence that Defendant and Mr. Evans contacted Alexis Outlaw about serving as a courier to transport drugs from Los Angeles to Delaware via commercial airline flights. (C-51-54). Ms. Outlaw was separately indicted on various drug charges and pled guilty to conspiracy with intent to deliver cocaine. (C-49). As part of her plea agreement, Ms. Outlaw agreed to testify on behalf of the Government. Explaining her role in Defendant's drug trafficking scheme, Ms. Outlaw testified that she agreed to act as a courier for Defendant, and she accompanied him to acquire false identification cards to use during their trip. (C-55-57, 60, 64). Ms. Outlaw then purchased plane tickets on ATA airlines with the false identification and money provided by Defendant. (C-60-61).
On January 14, 2000, Defendant and Ms. Outlaw flew to Los, Angeles California. During this trip, Ms. Outlaw carried $30,000 in cash in a girdle that she wore on the flight. (C-61). Defendant and Ms. Outlaw stayed at a Quality Inn hotel near the Los Angeles Airport. (C-62-63). From the hotel, Defendant contacted Mr. Rawls, whom Ms. Outlaw knew as "D," and Defendant and Ms. Outlaw drove to Mr. Rawls' home. (C-64-65). Ms. Outlaw testified that she observed Defendant purchase 1.5 kilograms of cocaine from "D." (C-66-67).
After the purchase, Defendant and Ms. Outlaw returned to the hotel, where Defendant packaged the cocaine with tortilla chip bags and dryer sheets to mask the scent of the cocaine. (C-58-59). The cocaine was then stored in Ms. Outlaw's suitcase for her return flight to Philadelphia. Once in Philadelphia, Ms. Outlaw retrieved the suitcase from baggage claim and ultimately delivered the suitcase with the drugs to Defendant and Mr. Evans. (C-70-71). Ms. Outlaw was compensated by Defendant and Mr. Evans for her services. (C-70-71).
Ms. Outlaw testified that she took six additional trips to Los Angeles to carry drugs for Defendant. (C-72). Ms. Outlaw was accompanied by Defendant on some trips, but on other trips she was accompanied by Mr. Evans or another courier, Josette Jacobs. (C-73-74). Ms. Outlaw used different fake identifications purchased by Defendant for the trips, but used the same mode of operation, purchasing airline tickets with cash from Defendant or Mr. Evans and storing cash for the transaction in her girdle or in a suitcase as the amounts of cash increased. (C-74-76). The Government also presented evidence that Defendant, Ms. Outlaw and Mr. Evans stayed primarily at the Quality Inn hotel, but that they also stayed at the Westin hotel and the Double Tree hotel on two separate occasions. (C-77-78; E231-236). Ms. Outlaw testified that she would rent cars for the travelers using her debit card, and her bank statements confirmed these rentals. (C-77-79; E-219). She further testified that Defendant and Mr. Evans would use cell phones to contact Mr. Rawls and that the amounts of cocaine purchased increased with each trip, ranging from 1.5 kilograms to thirteen kilograms. (C-83; D-85).
Ms. Outlaw also testified that she received cocaine in return for her services, but that she could not sell the cocaine quickly enough. As a result, Defendant would retrieve the cocaine from her, sell it and pay her with the profits. (C-85-86).
Ms. Outlaw further testified that Defendant contacted her about taking an eighth trip in March 2000, using two suitcases to transport a large quantity of cash, but the trip was not completed. (C-89-90). Defendant arrived late at the airport and decided not to take the flight. (C-91-93). Instead, Defendant directed Ms. Outlaw to take one of the suitcases back to her house. Shortly thereafter, Ms. Outlaw's home was burglarized and the cash in the suitcase was stolen. (C-94). Ms. Outlaw testified that upon informing Defendant of the burglary, Defendant threatened to kill her if she did not return the money. (C-94-97). Ms. Outlaw then fled from her home and contacted the FBI. (C-98-99).
The Government also presented evidence that, in March 2000, Defendant and Mr. Evans recruited two additional couriers, Tina Johnson and Williesha Robinson to transport drugs from Los Angeles to Delaware. (E-41-46). Defendant used the same modus operandi with these couriers as he used with Ms. Outlaw. (E-41-48, 52). For one of the trips, Defendant recruited an additional assistant, Shannon Clark. (D-213). Clark testified that, at Defendant's request, she departed Philadelphia for Los Angeles on ATA Airlines, met with Mr. Evans, Ms. Johnson and Ms. Robinson, and rented a car in her name for Mr. Evans. (D-217-218). Although Ms. Clark intended to return to Philadelphia the same day, she was unable to do so. As a result, she stayed with the others at the Quality Inn hotel where she observed Mr. Evans packaging large amounts of cash. (D-220). Evidence was presented from the Quality Inn's records confirming that rooms were reserved during this trip under the aliases used by Ms. Robinson and Ms. Johnson. (E-64-65, 227-230).
The Government also presented evidence that Mr. Evans was unable to acquire the cocaine he sought during this trip (D-91). Tina Johnson testified that she overheard Mr. Evans talking on the phone about the failure of the "package" to arrive. (E-55). Ms. Johnson and Ms. Robinson were ultimately sent back to Philadelphia with the cash in their suitcases and $4,000 in each of their pocketbooks. (E-56, 60).
According to the Government, Ms. Johnson and Ms. Robinson were scheduled to arrive at the Philadelphia airport on the night of April 3, 2000. (E-238). FBI and DEA agents established surveillance at the airport and an FBI agent observed Defendant waiting at the gate for the plane's arrival. (E-239). As they disembarked the plane, Defendant gestured at Ms. Johnson and Ms. Robinson and followed them toward the baggage claim area. (E-240-244). DEA agents intercepted the women at the baggage claim area after the women retrieved their suitcases. (E-142-143). Both women gave consent to the agents to search their bags, although neither woman had keys for the suitcases. The agents found several forms of false identification, luggage claim checks, airline tickets and $4,000 in cash in...
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