U.S. v. Wesson

• Citation: 33 F.3d 788
• Decision Date: 06 April 1994
• Docket Number: Nos. 92-2938,92-3005,92-3006 and 94-2627,s. 92-2938
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Thomas WESSON, Lisa Harris, and Gloria Steele, Defendants-Appellants. . Argued *
• Court: United States Courts of Appeals. United States Court of Appeals (7th Circuit)

Page 788

33 F.3d 788

UNITED STATES of America, Plaintiff-Appellee, v. Thomas WESSON, Lisa Harris, and Gloria Steele, Defendants-Appellants.

Nos. 92-2938, 92-3005, 92-3006 and 94-2627.

United States Court of Appeals Seventh Circuit.

Argued ^* April 6, 1994.

Decided Aug. 25, 1994.

Barry R. Elden, Asst. U.S. Atty., R. Christopher Cook (argued), Office of the U.S. Atty., Criminal Receiving, Appellate Div., Chicago, IL, for U.S. in Nos. 94-2938, 94-3005 and 94-3006.

Eugene Steingold (argued), Chicago, IL, for Thomas Wesson.

William J. Stevens (argued), Chicago, IL, for Lisa Harris.

Scott J. Szala, Winston & Strawn, Patrick C. Hess (argued), Stein, Ray & Conway, Chicago, IL, for Gloria Steele.

Ronald S. Safer (submitted), Office of the U.S. Atty., Criminal Div., Barry R. Elden, Asst. U.S. Atty., Criminal Receiving, Appellate Div., Chicago, IL, for U.S. in No. 94-2627.

Thomas Wesson, pro se.

Before COFFEY, EASTERBROOK, and MANION, Circuit Judges.

MANION, Circuit Judge.

In February 1992, the government issued a twenty-seven-count indictment against twenty-two members of a large-scale heroin distribution ring. Three who went to trial were convicted and now appeal. Thomas Wesson was the ringleader; Gloria Steele was a Chicago police officer and Wesson's mother who laundered drug money for the ring and otherwise participated in its activities; and Lisa Harris was a lower-level operative who helped to process telephone calls. Wesson and Steele challenge their convictions; Steele and Harris challenge their sentences. We affirm the district court in all respects.

I. Facts

In late 1987 or early 1988, Wesson took control of a heroin distribution organization from his relative, Leon Moore. Wesson proved to have an aptitude for business. He oversaw the sophisticated operation, which manufactured, packaged, marketed, sold and supplied large quantities of heroin for street-level dealers and users. The organization was known by its employees and customers as "The Cartel" or "The Family." At its height under Wesson's direction, the organization took in $50,000 in daily revenue.

"The Cartel" or "The Family" had the earmarks of a sophisticated, well-managed company. Wesson frequently purchased large quantities of raw heroin from various suppliers. He would give the raw heroin to employees known as "shake girls," who would dilute it by mixing it with other substances. They would then pack the finished product in one-eighth gram foil packets. To maximize efficiency and security, the mixing operations were conducted at night under the protection of gun-toting ring members. Workers bundled the foil packets in thirty-package units for morning distribution to "street teams" and eventual sale to customers.

The street teams would fan out to pre-arranged locations in the area of distribution. Customers would call telephone operators employed by the ring. The operator would ask the caller "Where did you last shop?" meaning where did the caller last purchase heroin. If the caller identified a location where the street teams had previously worked, then the operator knew the caller was a legitimate customer. The operator would give the caller a location of one of that day's street teams, and a password to use to purchase the heroin. Lisa Harris was one of the telephone operators.

Security was a primary concern for the ring. Wesson authorized various measures to escape detection and capture by law enforcement officials. The organization moved its packaging and telephone operations frequently, and always maintained these separate operations at different locations. Sometimes street teams would change locations in the middle of the day, or shut down sales when too many customers were arriving. They would contact the telephone operators, including Lisa Harris, to notify them of these itinerary changes, so that arrangements could be made to shift the customer flow. Wesson also provided guns for the street teams to protect against robbery, and employed runners to replenish their heroin supplies and collect money.

Wesson had an invaluable resource to help in his efforts to avoid law enforcement: his mother, Gloria Steele, who was a Chicago police officer. Steele gave Wesson information on police patrols, and also taught him how to effectively operate police scanners, which he had purchased for the ring. She described for her son the way the Chicago police switched channels on the scanners depending on the circumstances. She also let the ring use the basement of her house for at least two months as a workshop for mixing and packaging the heroin. She was often present when heroin was being mixed, money was being counted, and telephones were being answered. At least once she was present in her police uniform in her son's apartment when he purchased raw heroin. A post-arrest search of Steele's house uncovered several guns belonging to the ring.

Steele provided more than just support and counter-intelligence for her son's drug activities. Perhaps her most important role in the organization was money laundering. Much of the ring's money was spent paying employees and suppliers. Some was spent on jewelry, automobiles, and other consumer products. But a large part of the revenue was invested, in such diverse interests as a restaurant, a shoe store, rental property, a house, and a semi-professional football team. Steele, trading on her status as a police officer, helped make some of these investments. She was given tens of thousands of dollars in drug profits; the payments ranged from $1000 to $90,000. The payments were often made to Steele while drug operations were taking place in front of her. Steele used some of the money to purchase and maintain real estate. She also placed some of the money in bank accounts under other people's names.

After their arrest, Thomas Wesson, Gloria Steele, and Lisa Harris were tried together. The government pieced together the details of the drug ring with testimonial, documentary, and physical evidence. Only two pieces of evidence have been challenged on appeal. Wesson contests the introduction of any evidence gathered pursuant to his arrest; he says he was arrested illegally. Steele contests a part of the testimony of Jeffrey Smith, who had been a member of the ring. He related on direct examination that Wesson would tell him when to move the street teams because police were getting hot in their area. When the prosecutor asked, "Where did Thomas Wesson get this information?" Smith answered, "He said he got it from his mother." Steele contends that Smith's answer was impermissible hearsay.

The jury convicted Wesson of one count of conspiracy to possess and to possess with intent to distribute controlled substances in violation of 21 U.S.C. Sec. 846 and aiding and abetting that conspiracy in violation of 18 U.S.C. Sec. 2 (count one); one count of engaging in a continuing criminal enterprise in violation of 21 U.S.C. Sec. 848 (count two); two counts of using a firearm during and in relation to a crime of violence in violation of 18 U.S.C. Sec. 924(c) (counts three and twelve); nine counts of distributing heroin in violation of 21 U.S.C. Sec. 841(a)(1), and aiding and abetting that distribution in violation of 18 U.S.C. Sec. 2 (counts four through eight, ten, eleven, fifteen, and seventeen); three counts of using a communications facility in committing and in causing and facilitating the commission of a federal drug crime in violation of 21 U.S.C. Sec. 843(b) (counts nine, sixteen, and eighteen); and four counts of money laundering in violation of 18 U.S.C. Secs. 1956(a)(1)(B)(i) and (2) (counts nineteen through twenty-two). The court sentenced Wesson to concurrent sentences of life imprisonment on counts one and two; 240 months imprisonment on each of counts four, five, six, seven, eight, ten, eleven, fifteen, and seventeen; 48 months imprisonment on each of counts nine, sixteen, and eighteen; and 60 months imprisonment on each of counts nineteen through twenty-two. The court also sentenced Wesson to 60 months imprisonment on each of counts three and twelve to run consecutive to each other and to all other counts. Finally the court sentenced Wesson to supervised release for life, in the unlikely event that he ever got out of prison.

The jury convicted Gloria Steele of one count of conspiracy to possess and to possess with intent to distribute controlled substances in violation of 21 U.S.C. Sec. 846 and aiding and abetting that conspiracy in violation of 18 U.S.C. Sec. 2 (count one); and four counts of money laundering in violation of 18 U.S.C. Secs. 1956(a)(1)(B)(i) and 2 (counts nineteen through twenty-two). The court sentenced Steele to concurrent sentences of life imprisonment on count one and 60 months imprisonment on each of counts nineteen, twenty, twenty-one, and twenty-two, to be followed by five years supervised release.

The jury convicted Lisa Harris of one count of conspiracy to possess and to possess with intent to distribute controlled substances in violation of 21 U.S.C. Sec. 846 and aiding and abetting that conspiracy in violation of 18 U.S.C. Sec. 2 (count one); and one count of heroin distribution in violation of 21 U.S.C. Sec. 841(a)(1) and 18 U.S.C. Sec. 2 (count seventeen); and one count of use of a communications facility in committing and causing and facilitating the commission of a federal drug crime in violation of 21 U.S.C. Sec. 843(b) (count eighteen). The court sentenced Lisa Harris to concurrent sentences of 10 years imprisonment on count one; 12 months imprisonment on count seventeen; and four years imprisonment on count eighteen; to be followed by five years supervised release.

Wesson filed a notice of appeal challenging his conviction; Steele filed a notice of appeal challenging her conviction and sentence; Harris filed a notice of appeal challenging only her sentence. We consolidated all of the appeals, and shall now address, in order, the issues which have been raised....