United States v. Gray
| Decision Date | 15 November 2013 |
| Docket Number | No. 12-11856,D.C. Docket No. 1:10-cr-20410-JAL-14,D.C. Docket No. 1:10-cr-20410-JAL-11,No. 12-10990,12-10990,12-11856 |
| Parties | UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ARTRELL TERRANCE GRAY, a.k.a. Trelly, JONATHAN GIOVANNI MORLEY, a.k.a. Yoshi, TREMAINE EDWARD KALE, a.k.a. Main, DEXTER EARL KEMP, a.k.a. Boss, a.k.a. Dex, RAHMIN J. JEFFERSON, a.k.a. "LT", SAHEED RASHEED THOMPSON, a.k.a. Barney, a.k.a. Bob, ANTWAN ROSHAX GRAY, a.k.a. Sugie, Defendants - Appellants. UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SHAHEED RASHARD THOMPSON, a.k.a. Heed, Defendant - Appellant. |
| Court | U.S. Court of Appeals — Eleventh Circuit |
[DO NOT PUBLISH]
Appeals from the United States District Court
for the Southern District of Florida
Before CARNES, Chief Judge, WILSON and FAY, Circuit Judges.
In this consolidated appeal, eight defendants challenge their convictions and sentences for drug, firearm, and identity-theft crimes. We affirm.
This case arose from local investigations by the Miami Gardens Police Department ("MGPD") into sales of crack cocaine, cocaine, marijuana, and MDMA/Ecstasy. In early 2009, MGPD detectives met with Federal Bureau of Investigation ("FBI") Agents Lionel Lofton and Daniel Gaitan to enlist their assistance in investigating drug sales. The FBI used a confidential informant ("CI") to arrange drug purchases.
On May 11, 2009, the CI called defendant Shaheed Rashard Thompson ("Rashard Thompson") and asked to buy 7 grams of cocaine for $200. On May 20, 2009, the CI, wearing a body wire and under police surveillance, was told by Rashard Thompson to purchase 7 grams of cocaine from defendant Antwan Roshax Gray ("Antwan Gray"). The CI then arranged to purchase another 7 grams from Antwan Gray on May 27, 2009, when the CI wore a recorder and a hidden camera. On June 10, 2009, the CI arranged to purchase 21 grams of cocaine for $600 from Antwan Gray, but received a bag of "cut," consisting of lidocaine and caffeine, which is not cocaine. When the CI refused to confront Antwan Gray about the faux cocaine, the FBI terminated his services.
Based on the information given by the CI and his drug purchases from Antwan Gray, the use of surveillance, pole cameras, pen registers, and otherinvestigative methods, the FBI obtained a court order authorizing the wire intercept of Antwan Gray's mobile phone. The wire intercept commenced on August 28, 2009, and was extended for an additional thirty days until October 24, 2009. On October 23, 2009, the officers commenced another thirty-day, court-authorized intercept of Antwan Gray's other mobile phone. Approximately 8,000 mobile and "walkie-talkie" calls were recorded; FBI Agent Lofton listened to all of them. Agent Lofton qualified as an expert in deciphering the coded language used in the calls; he identified some of the drugs based on prices and interpreted words and phrases. FBI Agent Gaitan also listened to the calls and transcribed those calls admitted into evidence at trial. These wire intercepts recorded conversations between Antwan Gray and all of the defendants, with the exception of defendant Rahmin J. Jefferson, and consisted of discussions of drugs deals, sources, and deliveries.
On November 9, 2010, a federal grand jury returned a forty-six-count, superseding indictment against the eight appellants.1 Following unsuccessful pre-trial motions, the case proceeded to trial. The trial lasted six weeks; all defendants were convicted.
The government's evidence consisted primarily of the wiretapped recordings and testimony of police officers, federal agents, and cooperating co-defendants, who had pled guilty. Regarding the individual appellants, the government presented the following evidence.
One hundred and three recorded calls were admitted into evidence, where Antwan Gray and various individuals, including all appellants except Jefferson, discussed drug deals, sources, and deliveries. Jerome McMillian, a co-defendant who pled guilty, testified Antwan Gray had supplied marijuana, cocaine, and MDMA to him from May 2009 to June 2010. McMillian had many conversations with Antwan Gray concerning drug sales and had watched him package drugs. McMillian estimated that, in 2008 and 2009, Antwan Gray sold at least an ounce of cocaine, a half-pound of marijuana, and 50 to 100 MDMA pills every week or two weeks from various locations. In 2009, Antwan Gray told McMillian that he andArtrell Terrance Gray ("Artrell Gray") were living at "the four," 2 and McMillian observed drugs being packaged and sold there. When McMillian could not fill drug orders, he referred customers to Antwan Gray, Rashard Thompson, Kemp, and Kale.
Sherline Richard, Antwan Gray's former girlfriend and co-defendant, testified concerning the drug-dealing activities. Richard lived with Antwan Gray in North Miami Beach with Morley and Sonia Charles (Morley's then-girlfriend), and knew Antwan Gray sold marijuana, cocaine, and MDMA. Richard assisted Antwan Gray by allowing him to use her Lexus for drug deals or by driving him herself. She picked up and kept some of Antwan Gray's larger drug purchases, took calls, and delivered drugs for him. Richard estimated Antwan Gray sold at least $400 to $500 of marijuana, cocaine, and MDMA each week. She also frequently went with Antwan Gray to purchase "cut."
From September 2009 to March 2010, Sherline Richard and Sonia Charles hired a local gang to break into cars at school parking lots, where they stole purses and briefcases in order to obtain identification documents, checks, and credit cards. Antwan Gray stored the documents used in the identity-theft scheme operated at "the four" and delivered identification documents to Richard. Antwan Gray wentwith Richard to stores and banks, where he addressed her by the name on a victim's check in order to buttress her use of the victim's identification documents. Antwan Gray also used victims' credit cards to buy gas.
In November 2009, the police searched Antwan Gray's home and found a loaded gun containing a .357 caliber magazine, fifteen rounds of Winchester .357 ammunition, and a pair of men's shorts with baggies of cocaine in his bedroom. The police also located numerous identification documents, checks, deposit slips, driver's licenses, and notebooks with personal identification information for eleven victims. When Antwan Gray was arrested on June 3, 2010, the officers found a shoe box containing $1,589 in cash in the bedroom closet and 482.1 grams of marijuana under the driver's seat in his car.
Artrell Gray was intercepted discussing drug deals through the wiretaps. There were thirteen recorded calls, including calls in which Artrell and Antwan Gray discussed drugs. Former co-defendants Sherline Richard and McMillian testified Artrell Gray was involved in the distributions of drugs with his brother Antwan Gray. In 2009, Antwan Gray told McMillian that he and Artrell Gray were living at "the four," and McMillian observed drugs being packaged and sold there. Richard testified Artrell Gray sold marijuana and cocaine with AntwanGray, and, in November 2009, handguns and two AK-47s were moved to Artrell Gray's house.
On November 17, 2009, officers executed a search warrant for "the four." Artrell Gray told the officers no narcotics or guns were there, but, if guns or drugs were found, they belonged to him. The officers found a marijuana grinder, a brick of sham marijuana, plastic baggies of various sizes, a heat sealer, scissors, a digital scale, a plate, and a spoon. They also found a gun loaded with three bullets, nine rounds of Winchester ammunition, and a backpack containing a digital scale, a hammer, measuring spoons and other utensils. Green baggies filled with a total of 25.5 grams of cocaine were found in a closet, and marijuana was found under a mattress. In Artrell Gray's bedroom, the officers located a press and metal plates used to compress marijuana, as well as Artrell's driver's license.
At trial, FBI Agent Lofton testified there were several recorded calls in which Morley had discussions involving drug transactions. Morley used Antwan Gray's mobile phone to tell customers he was running the business while Antwan Gray was on a cruise. Morley told customers he would deliver their orders for cocaine and high-grade marijuana in a gray Lexus. During a search of Morley's residence on November 18, 2009, officers found a bag of marijuana, a yellowplastic bag containing baggies, three scales, three bags of cocaine, and identification and other documents in the names of five identity-theft victims.
Sherline Richard testified she had observed Morley in drug interactions, receiving phone calls about drug dealing, and delivering marijuana and cocaine to customers. She also had seen drugs in Morley's apartment. Morley was involved in the identity-theft scheme with Sonia Charles and Richard. On one occasion, Charles broke a car window and grabbed a purse from the front seat; Morley drove her away. Morley also drove Richard and Charles to a bank and watched outside for police while they used stolen identity documents. Morley additionally called Bank of America and impersonated a male identity-theft victim.
The evidence against Kale included testimony from FBI Agent Lofton regarding phone calls in which Antwan Gray and Kale discussed marijuana, digital scales, and MDMA. Some of the conversations concerned one pound of marijuana, an unspecified amount of MDMA, 7 grams of cocaine, and an unspecified amount of marijuana.
Former co-defendant McMillian testified that when he could not fill drug orders, he referred customers to Kale. McMillian also testified Kale sold marijuana, cocaine, and MDMA from his residence. In addition, Kale told McMillian that Agent Lofton failed to find a ziplock bag of crack cocaine hiddenin a space behind his car stereo during a search of Kale's car. McMillian testified he had...
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