U.S. v. Warner
| Decision Date | 27 July 1992 |
| Docket Number | Nos. 90-3753,90-3755 and 90-3767,90-3754,s. 90-3753 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Robin Rene WARNER (90-3753); Michelle Lynn Angel (90-3754); Joyce Ann Richmond (90-3767); Juniata Marla Redd (90-3755), Defendants-Appellants. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Bradley D. Barbin, argued, briefed, Office of the U.S. Atty., Columbus, Ohio, for plaintiff-appellee.
Leo P. Ross, briefed, Joquetta S. Wells, argued, Columbus, Ohio, for defendants-appellants in No. 90-3753.
Frederick D. Benton, Jr., argued, briefed, Espy & Benton, Columbus, Ohio, for Defendants-Appellants in No. 90-3754.
Dennis C. Belli, argued, briefed, Columbus, Ohio, for defendants-appellants in No. 90-3755.
Samuel H. Shamansky, argued, briefed, Cassidy & Meeks, Columbus, Ohio, for defendants-appellants in No. 90-3767.
Before: KEITH, Circuit Judge; WELLFORD, Senior Circuit Judge; and GADOLA, District Judge. *
Four co-defendants appeal their convictions and sentences for conspiracy, continuing criminal enterprise, use of a telephone to facilitate commission of a felony, travel in interstate commerce to promote illegal activity, possession with intent to distribute cocaine, distribution of cocaine, and income tax evasion. The defendants raise nine issues. Many of the issues are raised by more than one defendant. This opinion will be organized by issue rather than by individual defendant.
On January 18, 1990, the federal grand jury in the United States District Court for the Southern District of Ohio, Eastern Division, returned a 37 count indictment relating to narcotics trafficking and tax offenses.
Robin Warner was charged in Count 1 with conspiracy to distribute cocaine. Count 2 charged Warner with operating a continuing criminal enterprise. Counts 3 and 5 charged Warner with controlling a residence used to store cocaine. Counts 4, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 21, 28 and 34 charged Warner with distribution of cocaine. Counts 15, 24, 25, and 29 charged Robin Warner with use of a telephone to facilitate narcotics conspiracy. Counts 16, 20, 22, 23, 26, 30 and 32 charged Warner with interstate travel to promote unlawful activity. Counts 31 and 33 charged Warner with possession with intent to distribute cocaine. Counts 18, 19, 36 and 37 charged Warner with income tax evasion. Michelle Angel was charged in Count 1. Joyce Richmond was charged in Counts 1, 32 and 33. Juniata Redd was charged in Counts 1, 16, 20, 22, 23 and 30. Counts 3, 5, and 28 were dismissed.
The trial commenced May 7, 1990. A verdict of guilty was returned by the jury May 18, 1991, as to all defendants on all remaining counts. A forfeiture verdict of guilty was returned on three parcels of real estate (2544 Hingham, 1380 Knollwood and the Wildwood Florist Shop). On August 24, 1990, Robin Warner was sentenced to 30 years imprisonment and a three-year term of supervised release. Angel received a sentence of 108 months imprisonment and a three year term of supervised release. Joyce Richmond was sentenced to 54 months imprisonment and three years supervised release. Redd was sentenced to 78 months imprisonment and a three year term of supervised release. Timely notices of appeal were filed by each.
Members of the organized crime drug enforcement task force in Columbus, Ohio, began investigating Robin Warner's alleged drug network in August of 1988. The investigation was spearheaded by the Internal Revenue Service, the Drug Enforcement Administration and the Columbus Police Department's Organized Crime Bureau.
Working with the United States Attorney's office, the Task Force conducted a lengthy grand jury investigation that involved the service of over 200 grand jury subpoenas. Special Agent Denise Pickering (IRS) and Detective Ronald Price utilized a confidential informant, Kevin Richmond, to record inculpatory conversations between co-conspirators Linda Hardy, Joyce Richmond and Robin Warner, the latter being interviewed July 11, 1989. Prior to the interview Pickering advised Ms. Warner that she was a target of the Grand Jury's investigation. Pickering also advised Warner of her Miranda rights. During the interview Ms. Warner cited two false sources of income, gifts and inheritance.
On July 24, 1989, Pickering and Price interviewed Juniata Redd at the residence of Redd's parents. Redd was advised of the existence of the federal grand jury investigation, and the agents explained they were investigating a drug organization headed by Robin Warner. Redd admitted she had previously taken paid trips with Warner, her cousin, to Atlanta before but maintained that she had discontinued such activity.
Marvin Warner, husband of Robin Warner, was arrested and interviewed by Special Agent Pickering and Detective Price on September 1, 1989. A search warrant was then obtained for Mr. Warner's apartment. Thereafter, Mr. Warner became a government witness. Marvin Warner was charged with two federal narcotics violations and entered into a plea agreement which required his truthful testimony.
Several other co-conspirators, Claudette Foster, Effie Thomas, Linda Hardy, John Davie and Leo Buggs, were interviewed and re-interviewed. Each provided detailed documentary information (bank records, pager records and personal records) linking Robin Warner to cocaine trafficking. Handwriting exemplars were received from each defendant and were compared with hotel reservation cards at several Atlanta hotels and other related documents. Positive handwriting identifications were made for Warner, Angel and Richmond. An additional probable handwriting identification was made for Angel. Similarities in handwriting were found to exist in questioned documents examined relating to defendant Willie Green.
Voluminous telephone records, car rental records, hotel registrations, credit card bills and bank records were utilized to trace and corroborate each alleged cocaine trip to Atlanta, Georgia. Summary exhibits were prepared by Price and Pickering for each charged trip to Atlanta.
The evidence adduced at trial established that, during the calendar years 1985-1988, Robin Warner failed to report a minimum of $217,829.00 on her federal income tax returns. A review of the record indicates that the vast majority of the unreported income was determined by documenting purchases of large-ticket luxury items: a new house, a swimming pool, an entertainment system, a sable bedspread for $5,577.75, ten sable pillows for $1,300.00, furniture invoices, expensive furs and clothing, a pool table and ten rental properties.
Witnesses established that Robin Warner and her assistants counted thousands of dollars prior to making each trip to Atlanta to meet an individual named "Kenny." Several witnesses knew cocaine and money were stored in a safe in Robin Warner's son's bedroom closet. An examination of the hotel records revealed Robin Warner and her assistants would drive to Atlanta, remain less than 24 hours and immediately return. Telephone toll records indicated that a call would be placed to Willie Green's residence and/or business in Miami after Ms. Warner arrived in Atlanta. Thereafter, a phone call from Green's residence would be placed to a phone number in greater Atlanta. A review of the hotel registration cards indicates a check-out immediately following the call. Hotel bills indicating occupancy by Robin Warner, Joyce Richmond and Juniata Redd were paid with Robin Warner's American Express cards. Marvin Warner and Kevin Richmond identified the photograph of Willie Green as "Kenny," the drug supplier from Miami.
Testimony received at trial indicated that Michelle Angel delivered cocaine for her sister. Claudette Foster testified that Michelle Angel delivered drugs one evening for Robin Warner in her black Fiero. Foster indicated this delivery occurred while Robin Warner was living on Knollwood Street in 1986, before she left Robin Warner. Effie Thomas testified that she saw Michelle Angel drop off drug money at Robin Warner's house on Knollwood. Marvin Warner indicated that Michelle Angel also received cocaine from Robin Warner. Rubyette Melton indicated that he purchased Robin Warner's cocaine from her sister Michelle a couple of times. He also stated that Michelle drove a black Fiero. He further indicated that these purchases happened when Robin Warner was living in her new house on Knollwood in the Yorkshire housing development. Curtis Slater testified that he had received cocaine from Michelle Angel on three or four occasions, but he was not sure of the dates. Slater further stated that the deliveries by Angel were made after Robin Warner moved into the Knollwood residence in early January of 1986. Linda Hardy did not know if Michelle Angel was involved. Testimony further indicated that Michelle Angel accompanied her sister Robin Warner on trips to Atlanta for cocaine. Claudette Foster testified that Michelle Angel and Robin Warner went to Atlanta on at least three occasions, including the week of July 4 1986. Foster stated that she was the babysitter for Michelle Angel's little girl while they were gone. Foster also indicated that Michelle Angel and Robin Warner were present when Juniata Redd would make cocaine pick-ups or drop-offs. Marvin Warner further stated that Michelle Angel and Robin Warner were "making trips" after he came back to Knollwood in February of 1987. Finally, Marvin Warner testified that Michelle Angel made a $15,000.00 down payment on her home.
Further testimony established that Joyce Richmond assisted Robin Warner in the transportation of U.S. currency and cocaine in September of 1988. A transcript of a recorded conversation between Joyce Richmond and Kevin Richmond on October 18, 1989, reflects that the Richmonds drove to Atlanta with Robin Warner. The recording further shows that Johnny Fee (John Watson) and Robin Warner...
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