U.S. v. Yehling

• Decision Date: 08 August 2006
• Docket Number: No. 05-1416.,05-1416.
• Citation: 456 F.3d 1236
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. William John YEHLING, Defendant-Appellant.
• Court: U.S. Court of Appeals — Tenth Circuit

456 F.3d 1236

UNITED STATES of America, Plaintiff-Appellee, v. William John YEHLING, Defendant-Appellant.

No. 05-1416.

United States Court of Appeals, Tenth Circuit.

August 8, 2006.

Wade H. Eldridge, Denver, CO, for Defendant-Appellant.

Andrew A. Vogt, Assistant United States Attorney (Jerry N. Jones, Assistant United States Attorney, and William J. Leone, United States Attorney, on the brief), Denver, CO, for Plaintiff-Appellee.

Before MURPHY, ANDERSON, and TYMKOVICH, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

Defendant-Appellant William John Yehling was tried and convicted in the United States District Court for the District of Colorado of conspiracy to distribute and to possess with intent to distribute methamphetamine. He was sentenced to eighteen months' imprisonment followed by three years' supervised release. Shortly after the district court entered judgment, Yehling filed a motion for a new trial based on newly discovered evidence. The district court denied the motion approximately four years later. While the motion was pending, Yehling was free on a personal recognizance bond. Yehling raises two issues on appeal. First, he challenges the sufficiency of the evidence supporting his conviction. Second, he argues the district court's delay in deciding his motion for a new trial deprived the court of jurisdiction and constituted a denial of Yehling's right to a speedy trial and due process of law. This court exercises jurisdiction pursuant to 18 U.S.C. § 1291. We conclude Yehling failed to timely assert his speedy trial and due process rights and did not allege substantial prejudice resulting from the district court's delay in deciding his motion for a new trial. His unreasonable delay claims are therefore denied. We further affirm Yehling's conviction.

II. Background

Yehling was one of nineteen defendants charged in a twenty-one-count superceding indictment with conspiracy to distribute and to possess with intent to distribute methamphetamine, in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 841(a)(1) and 846.¹ The indictment alleged a conspiracy whereby methamphetamine was obtained in California and Colorado for resale to distributors in Ouray County, Colorado. The indictment alleged Yehling conspired to supply methamphetamine to codefendants Perry Wherley and Eric Avril in Colorado.

Yehling and six other defendants were tried jointly. Defendant Wherley, who had entered into a plea agreement with the government, testified that in 1996, he and defendant Brenda Paul discussed traveling to California to obtain methamphetamine for resale in Colorado. Thereafter, Wherley and Paul traveled to California every other weekend to purchase three to four ounces of methamphetamine from defendant Jodey Gravett. Wherley would then cut the methamphetamine into gram quantities and package it for resale to customers in Ouray County. After Wherley and Paul had a disagreement, Michael Sullings began to accompany Wherley on his trips to California. Wherley testified he and Sullings made ten to twelve trips from Colorado to California, purchasing between two and four ounces of methamphetamine from Gravett each time. After Sullings was arrested, defendant Avril accompanied Wherley to California. For these trips, Avril located a new source, defendant Robert Silcock. Wherley testified he and Avril traveled to California once a month for several months, purchasing two to three ounces of methamphetamine each time. In July 1998, Wherley stopped traveling to California and, instead, began obtaining methamphetamine in Colorado.

Wherley testified he approached Yehling, whom he had met when they worked together at Blackhawk Construction, in an attempt to locate someone to supply large quantities of methamphetamine in Colorado. Yehling located a potential source named Jovanni. The FBI intercepted several subsequent telephone conversations between Wherley, Avril, and Yehling discussing the source.² In September 1998, Yehling called Wherley to inform him Avril had stopped by Yehling's house to get "a little bit" and was "really happy with the stuff." ROA, Supp. Vol. III, Ex. 49. Yehling indicated the price was down to $700 per ounce. Wherley asked whether Yehling had more available immediately. Yehling stated, "I wanted to make sure everybody was satisfied before I did anything different," but indicated he could obtain more the next day. ROA, Supp. Vol. III, Ex. 49. Yehling also stated he was "in with the Mexican cartel" and was interested in "turn[ing] over a bunch and make[ing] some dough." ROA, Supp. Vol. III, Ex. 49.

Three days later, in another recorded conversation, Yehling told Wherley his source wanted $1000 per ounce. Yehling indicated he thought the price was too high and would try to find another source. Several weeks later, Yehling called Wherley to ask if he wanted to "place an order." ROA, Supp. Vol. III, Ex. 57. Wherley requested an eight-ball (three-and-one-half grams of methamphetamine) and then called Avril to inform him of the deal. Avril asked whether Yehling could supply ounce quantities. Wherley replied that Yehling could, but his source wanted too much money.

At trial, Wherley admitted Yehling had provided samples from his source. Nevertheless, Yehling argued Wherley indicated a deal was never reached and thus Yehling did not provide Wherley with any methamphetamine for the purpose of redistributing it to others. Avril, who had also entered into a plea agreement with the government, testified he purchased an eight-ball of methamphetamine from Yehling on one occasion. Avril indicated that if he "liked it," he and Wherley would purchase ounce quantities from Yehling's source. ROA, Vol. X at 1273. Avril stated, however, the methamphetamine was intended for his personal use.

Yehling was interviewed by FBI Special Agent Emerson Buie after his arrest. Buie testified that Yehling admitted knowing Wherley was buying and selling methamphetamine. Yehling also knew Wherley had made several trips to California with Avril and Sullings to obtain methamphetamine. Yehling told Buie that Wherley approached him at work seeking a local supplier in Colorado. Yehling admitted to locating a potential source named Jovanni, introducing Wherley to Jovanni, and providing Avril with less than a quarter gram of methamphetamine as a sample. Yehling's residence was searched, but no drugs, baggies, scales, or large sums of cash were found.

At the close of evidence, the jury returned a verdict finding Yehling, and five of his codefendants, guilty of conspiracy to distribute and to possess with intent to distribute methamphetamine. The district court sentenced Yehling to eighteen months' imprisonment followed by three years' supervised release. On December 4, 2001, Yehling filed a motion for a new trial based on newly discovered evidence. At trial, Avril had testified Justin Coykendall told him Yehling gave Coykendall methamphetamine to give to Avril. Yehling's motion for a new trial asserted he had located Coykendall, and Coykendall would deny the statement attributed to him by Avril. Yehling also filed a motion to stay his obligation to surrender for service of his sentence until the district court ruled on his motion for a new trial. The district court granted the stay.

The district court did not decide Yehling's motion for a new trial for almost four years. In March 2004 and 2005, Yehling filed motions seeking the district court's permission to travel to Cozumel, Mexico for his honeymoon and Boston to watch his brother run the Boston Marathon, respectively. Both motions indicated Yehling's motion for a new trial was still pending before the district court. The district court granted permission for Yehling to travel on both occasions, but did not rule on Yehling's motion for a new trial.

Recognizing Yehling's motion had been pending for almost four years, the government requested a status conference in June 2005. Yehling subsequently filed a motion seeking resentencing in light of United States v. Booker, which had been decided by the Supreme Court while Yehling's motion for a new trial was pending. 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Yehling requested he be resentenced to probation for time already served. On August 26, 2005, the district court granted Yehling's motion for resentencing, but denied his motion for a new trial. The court concluded the new evidence offered by Yehling would merely impeach Avril's testimony and was not likely to result in an acquittal upon retrial because other evidence presented by the government tended to establish Yehling's guilt. Yehling was again sentenced to eighteen months' imprisonment followed by three years of supervised release. Yehling then filed a motion to dismiss for lack of jurisdiction, arguing the district court's delay in ruling on his motion for a new trial deprived the court of jurisdiction and constituted denial of a speedy trial and due process of law. Yehling filed a notice of appeal before the district court ruled on his motion to dismiss for lack of jurisdiction.³

III. Discussion

A. Sufficiency of the Evidence

Yehling moved for judgment of acquittal at the close of the government's case-in-chief. The district court denied the motion, concluding the government had presented sufficient evidence to submit the case to the jury. Yehling did not introduce any evidence in his defense. Yehling argues the district court erred in denying his motion for judgment of acquittal because the government failed to introduce sufficient evidence to support his conviction for conspiracy to distribute methamphetamine.

In reviewing the sufficiency of the evidence to support a conviction, we review the record de novo to determine whether, viewing the evidence in the light most favorable to the government, any rational trier of fact could have found the defendant guilty beyond a reasonable doubt. United States v. Zunie, 444 F.3d 1230, 1233 (10th Cir.2006). We...