United States v. Nwokedi
| Decision Date | 01 December 2016 |
| Docket Number | Criminal Action No. 15-177 (ES) |
| Parties | UNITED STATES OF AMERICA, v. ADOLPHUS NWOKEDI, Defendant. |
| Court | U.S. District Court — District of New Jersey |
NOT FOR PUBLICATION
A jury found Defendant Adolphus Nwokedi ("Nwokedi" or "Defendant") guilty of knowingly and intentionally conspiring and agreeing with others to import into the United States from India a mixture and substance containing a detectable amount of heroin in violation of 21 U.S.C. § 963. (See D.E. Nos. 15 & 31). Nwokedi has moved for a judgment of acquittal and a new trial under Federal Rules of Criminal Procedure 29 and 33, respectively. (See D.E. No. 46). For the reasons below, his applications are DENIED.
On April 16, 2015, a federal grand jury returned a one-count indictment against Nwokedi. (D.E. No. 15). The single count charged that—between approximately October 2013 and approximately 2014—Nwokedi "did knowingly and intentionally conspire and agree with others to import into the United States from a place outside thereof, namely India, 100 grams or more of a mixture and substance containing a detectable amount of heroin, a Schedule I controlled substance," contrary to 21 U.S.C. §§ 952(a) and 960(b)(2)(A) and in violation of 21 U.S.C. §963. (Id.).2 On December 8, 2015, the Court empaneled a jury and began trial of this matter. (D.E. No. 27). At trial, the following evidence was adduced.
On October 24, 2013, Nwokedi sent an international text message to an individual named "Mary Jane" that identified his home address in Sayreville, New Jersey. (Government Exhibit ("GX") 309 at 1; GX 601 at 1; 12/9/15 Tr. at 52:16-53:163). On November 1, 2013, Mary Jane sent a text message to Nwokedi containing a tracking number for a parcel shipped from India. (GX 106; GX 309 at 1; GX 601 at 1; 12/9/15 Tr. at 8:24-9:22, 147:19-148:14). This parcel was shipped from Mumbai, India to Nwokedi's home, and, on November 12, 2013, Nwokedi signed for it. (GX 106; 12/9/15 Tr. at 8:24-10:15, 147:19-148:14).
On December 1, 2013, Nwokedi sent a text message to Mary Jane with his business address—i.e., "Ebube motors" located at 180 Poinier Street in Newark, New Jersey. (GX 309 at 2; GX 601 at 4; 12/9/15 Tr. at 149:1-15). On December 6, 2013, a second parcel (the "parcel-at-issue") was shipped from Mumbai, India. (GX 105; 12/9/15 Tr. at 10:16-11:17). This parcel was intended for Nwokedi's Poinier Street business address in Newark, and the phone number for the intended recipient was associated with Nwokedi. (GX 102; GX 105; GX 105A; GX 105B; 12/9/15 Tr. at 37:5-13, 52:16-53:4, 57:23-59:9). The parcel-at-issue had printed on it, among other things, the intended recipient as "Ebube motors." (See GX 102).
But, on December 11, 2013, a Customs and Border Protection ("CBP") officer at John F. Kennedy Airport intercepted the parcel-at-issue. (GX 101; GX 105; 12/8/15 Tr. at 32:4-33:20).The CBP officer opened it and discovered bags containing powder that were ultimately determined to be—based on three separate preliminary chemical tests—narcotics, opiates, and heroin. (12/8/15 Tr. at 33:21-37:6). Further testing by a CBP chemist determined that the powder was heroin and the net weight was approximately 502 grams. (GX 109; 12/9/15 Tr. at 23:18-25:10, 29:14-31:20). The chemist, however, did not determine the percentage of heroin in the packages—i.e., the actual purity of the heroin. (See 12/9/15 Tr. at 34:11-35:2). Homeland Security Investigations ("HSI") agents photographed the parcel-at-issue and its contents, including the bags of heroin. (See GX 102). The seized heroin was inadvertently destroyed before trial. (12/9/15 Tr. at 176:24-177:9).
On December 12, 2013, Nwokedi sent a text message to an individual named Samuel Soremekun. (GX 310 at 1; GX 601 at 4; 12/9/15 Tr. at 62:22-63:1). Soremekun was Nwokedi's business associate at the Poinier Street location. (12/9/15 Tr. at 55:1-57:9). In the message, Nwokedi asked Soremekun to receive the parcel-at-issue on behalf of Ebube Motors. (GX 310 at 1; GX 601 at 4; 12/9/15 Tr. at 62:13-63:1). On December 16, 2013, Mary Jane sent a text message to Nwokedi inquiring why Nwokedi was not answering his phone. (See GX 601 at 6).
HSI agents then conducted two controlled deliveries of the parcel-at-issue. (12/9/15 Tr. at 112:14-117:22). Importantly, during the second controlled delivery on December 17, 2013, HSI agents delivered the parcel-at-issue to Soremekun who recognized Ebube Motors as a company belonging to Nwokedi. (Id. at 54:2-14, 58:10-60:4, 116:1-117:13). Soremekun signed for the parcel-at-issue, explaining that he routinely signed for parcels intended for Nwokedi because Ebube Motors was Soremekun's client. (Id. at 56:11-60:4). And Soremekun testified that Nwokedi specifically had asked him to sign for the parcel-at-issue a few days before the December 17 controlled delivery. (Id. at 59:24-63:1; see also GX 310 at 1). After Soremekunsigned for the parcel-at-issue, law enforcement approached and interviewed Soremekun "to determine his involvement" with the parcel. (See 12/9/15 Tr. at 116:1-118:23).
While Soremekun was speaking to HSI agents, Nwokedi called Soremekun and left him a voicemail. (See GX 201; 12/9/15 Tr. at 65:19-66:6, 70:6-72:4). On the voicemail, Nwokedi told Soremekun that he was out of the country and asked that Soremekun receive the parcel-at-issue on Nwokedi's behalf because he did not want it to get returned while he was out of the country. (Id.).
Soremekun then texted Nwokedi that he had received the parcel-at-issue. (GX 310 at 2; 12/9/15 Tr. at 72:5-73:3). Nwokedi forwarded Soremekun's text message confirming receipt of the parcel-at-issue to Mary Jane. (GX 601 at 6). Mary Jane then texted Nwokedi the following: "good luck." (Id.).
Soremekun agreed to help law enforcement coordinate a meeting with Nwokedi. (12/9/15 Tr. at 73:7-9). Thereafter, Nwokedi sent Soremekun text messages that concerned, among other things, the parcel-at-issue. (GX 601 at 6-11). During this same timeframe, Nwokedi received calls and text messages from Mary Jane and an individual named "Chuks." (Id.). As Nwokedi himself would later testify, Chuks was supposed to be the ultimate recipient of the parcel-at-issue. (12/9/15 Tr. at 143:18-145:12).
On January 2, 2014, Soremekun and Nwokedi met in the parking lot of the Poinier Street address in Newark. (Id. at 127:9-129:19). Nwokedi took the parcel-at-issue from Soremekun. (Id. at 129:20-23). Nwokedi was then arrested and taken into custody. (Id. at 129:24-25).
An HSI special agent testified that, during his subsequent post-arrest interview, Nwokedi stated he was a businessman and shipped cars for profit, primarily to Africa. (Id. at 138:2-8). The special agent testified that he first stated that the parcel-at-issue had car mirrors that hepurchased from eBay, Inc. for a Mercedes Benz he was going to ship to a friend named "Tony" in Nigeria. (Id. at 138:12-141:8; see also 12/10/15 Tr. at 15:3-15 ()).4 In particular, special agent testified that Nwokedi said the parcel-at-issue had been sent from India and he bought the mirrors on eBay. (12/9/15 Tr. at 140:19-25). The special agent further testified that Nwokedi's "story kind of started changing a little bit" and that Nwokedi told the agents that his friend, Mary Jane, had sent him the parcel-at-issue. (Id. at 141:13-142:3).
But, after HSI agents told Nwokedi that the parcel-at-issue had heroin, the special agent testified Nwokedi told the agents he had agreed to receive this parcel from Mary Jane and was going to be paid $3,000 to deliver it to "Chuks" in New York. (Id. at 143:18-145:12, 151:16-21). The special agent also testified that Nwokedi "kind of slumped over a little bit, looked to me like his eyes may have welled up a bit," that "[h]e didn't say much for a short time," and "then he admitted that he knew that in [sic] were drugs in that box." (Id. at 143:18-25). The special agent also testified that Nwokedi told the agents that Mary Jane used a code word, "market," to refer to the contents of the parcel-at-issue. (Id. at 144:13-144:20). The special agent testified that Nwokedi understood this word to mean narcotics. (Id.).
Nwokedi then agreed to help HSI agents to effect a controlled delivery to Chuks. (See id. at 153:2-158:25). But Chuks never followed up with Nwokedi about a meeting location, which was part of the reason the controlled delivery never took place. (See id. at 159:11-19).
After the Government's case-in-chief, Nwokedi moved for a judgment of acquittal under Federal Rule of Criminal Procedure 29. (12/10/15 Tr. at 5:8-11). The bases for his motion—made in open court—were as follows: (1) "we did do not [sic] have the actual drugs that wereallegedly seized in this case" and, since "the drugs have been destroyed prior to trial," they were "not here for the jury to see and make that determination" (id. at 5:14-20); and (2) a "lack of evidence" because the Government's case was based on "circumstantial evidence of phone calls and text messages" that "are equally explainable with an innocent explanation" and "an alleged confession" that a "rational trier of fact could [not] credit[] under the circumstances and what we have learned about that from the trial" (id. at 5:21-6:7).
The Government opposed the motion. (Id. at 6:10-7:15). The Court reserved ruling on Nwokedi's motion pursuant to Federal Rule of Criminal Procedure 29(b) (id. at 7:16-8:1) and ordered the parties to submit briefing on the motion (id. at 8:2:8:18). Nwokedi renewed his Rule 29 motion after the defense's case-in-chief, which the Court again reserved resolution of. (Id. at 81:3-12).
After the jury found Nwokedi guilty of the offense and while awaiting sentencing, the Court received correspondence from Nwokedi stating, among other things, that he was dissatisfied with his trial counsel and he sought new counsel. The Court appointed...
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