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United States v. John L. Taylor, Jr., Milton Sims, Jr., Nathan Holloway, Frank Arms, Roosevelt Williams, Gerald Crawford, Corey D. Sims, and Saul Ochoa
Citation: 21 F.3d 431Docket: 91-2067
Court: Court of Appeals for the Seventh Circuit; April 14, 1994; Federal Appellate Court
Defendants John L. Taylor, Jr., Milton Sims, Jr., Nathan Holloway, Frank Arms, Roosevelt Williams, Gerald Crawford, Corey D. Sims, and Saul Ochoa were convicted for conspiracy to distribute cocaine and related charges, appealing various convictions and sentences. The conspiracy originated in Gardena, California, around 1985-1986, involving the distribution of kilogram quantities of cocaine from Los Angeles to Milwaukee. Initially, Tony Love, along with Milton and Corey Sims, distributed cocaine supplied by Saul Ochoa. By early 1986, Love was processing and distributing cocaine, while Milton and Corey Sims began their own distribution efforts.
In the fall of 1986, Terrence Roberson, a Milwaukee native, introduced Milton Sims to Timothy Eastern in Milwaukee. Roberson, frequently traveling from Los Angeles with kilogram quantities of cocaine, facilitated the distribution network, receiving cash for cocaine sales. Eastern initially sourced cocaine from Roberson's mother, Stella, before switching to Milton Sims for better pricing. Milton Sims began transporting cocaine via airports to Milwaukee, supplying Eastern, who then distributed it through Nate Holloway and Burt Black.
Eastern briefly switched suppliers to Barry Walker, another dealer connected to Ochoa, but returned to Sims. During visits to Los Angeles, Eastern observed transactions involving Roberson and Ochoa, including one where a significant quantity of cocaine was transported to Roberson's apartment.
Roberson was involved in the distribution of cocaine, initially supplying it to Fred Hood in Milwaukee, with Ochoa as the supplier. Milton Sims established a cocaine market in Milwaukee, starting with four customers: Jeff Pickett, Frank Arms, James McGee, and Gerald Crawford, known as 'Wee Wee.' Sims expanded his distribution network, enlisting Rodney Ross and later Darryl Ellison ('Tooter') to assist in sales. Eastern, a collaborator, witnessed transactions involving cocaine and cash with these customers, including significant exchanges and the progression of 'Wee Wee' from small to larger quantities.
In the summer of 1987, Roberson met Errol Jackson in a nightclub to discuss cocaine prices but was arrested later while transporting six kilograms of cocaine. After his arrest, Sims and Eastern communicated with Jackson, leading to two kilogram deals facilitated by Sims. Following a suspicious call from Jackson to Holloway in early 1989, Sims feared potential cooperation with law enforcement.
Eastern also engaged in multiple kilogram deals with Frank Arms, first meeting him at Stella Roberson's house. Transactions included exchanging cocaine for cash and retrieving significant amounts of cash. In early 1988, McGee recruited three women—Linda Williams, Rita Brown, and Carolyn Baker—to aid in distributing cocaine in Milwaukee, receiving shipments via Federal Express and sending large cash sums back to California.
Women involved in the drug operation were compensated both monetarily and with cocaine for personal use. Linda Williams received multiple Federal Express packages, each containing one to two kilograms of cocaine, sent under fictitious names provided by her Los Angeles contacts. She used a beeper to coordinate the receipt of these packages, which were later picked up by associates Frank Arms or 'Wee Wee.' Payment was typically made upfront, although Arms received one shipment on credit.
In April 1988, police in Gardena, California, investigated Corey Sims for cocaine activities, leading to a controlled purchase that resulted in a search warrant execution at the Sims' residence. Authorities discovered a half-kilogram of cocaine, two rifles, and significant cash. A package sent from Milwaukee contained $21,900 in cash, which Milton Sims claimed belonged to Corey, labeling him a drug dealer.
On July 7, 1988, DEA agents intercepted two packages of cocaine en route from Los Angeles to Milwaukee after being alerted by Federal Express. An attempted controlled delivery failed when the packages were delayed, prompting Sims and his associates to warn Williams and another associate, Brown, not to accept them. Williams refused delivery of one package when approached by an undercover agent.
Later, police seized $15,665 from Corey Sims at Memphis International Airport, which he claimed was from the sale of land and a car. During this time, Corey continued to distribute cocaine, with an associate named 'Tooter' also traveling to Milwaukee with a kilogram for Corey. Tony Love, another associate of Milton Sims, visited Milwaukee in the summer of 1988 to oversee the delivery of cocaine sent from Los Angeles.
Eastern and Rodney Ross each received half a kilogram of cocaine. During a visit to Milwaukee, Tony Love, Rodney Ross, Milton Sims, and Nathan Holloway met Lisa Spivy, who sent cash to Los Angeles for Ross. After Tony Love’s death in September 1988, both Milton and Corey Sims attended his funeral. Following a loss of six kilograms of cocaine sent via Federal Express, the Sims organization transitioned to using couriers, including Ann Love, Tony Love’s mother. At sixty-two, Ann Love mailed packages containing cocaine to Memphis and Milwaukee for Milton Sims, receiving $50 for each shipment.
In late August 1988, Sims asked Ann to accompany a courier named 'Tooter' with cocaine to Milwaukee via Greyhound. Upon arrival, they were met by Nate Holloway, who arranged accommodations for Ann in a hotel and provided cash for their return to California. After Tony Love's death, Milton instructed Ann to bring $100,000 in cash to 'Jesse' (Saul Ochoa) in Los Angeles, but Ochoa later reported a cash shortage to Milton, blaming him for involving too many people.
In November 1988, Milton asked Ann to transport ten kilograms of cocaine to Milwaukee, promising her $10,000. However, when 'Tooter' did not arrive, Ann sent the cocaine unaccompanied on the bus and returned to Texas. She later informed Milton about the situation and contacted the Milwaukee Police, who advised her to return the claim check, which she sent via Federal Express to Sims. Afterward, Milton threatened Ann’s life over the phone when he learned of the empty suitcase that arrived in Milwaukee.
On November 8, Milton met Beverly Ann White and explained that Ann had failed to transport the cocaine, which he had obtained from Saul Ochoa, and he demanded either the cocaine or payment. He warned Beverly that failure to do so could result in harm to her and her children. Subsequently, Beverly informed Milton of her intention to contact the police.
After a ten-kilogram loss in drug supply, Adrienne Ross, the girlfriend of Milton Sims, took on increased responsibilities within Sims' organization, managing finances and couriers. Roosevelt Williams, a retired bus driver, and Thomas Green, nicknamed 'Dog,' became couriers under her direction. Adrienne organized the purchase of transportation tickets and began packaging cocaine with spices to conceal its odor. She maintained extensive communication with Saul Ochoa and his workers, primarily to handle cash payments for cocaine. During transactions, she would switch vehicles with Ochoa's workers to facilitate exchanges involving cash and cocaine, with Ochoa often overseeing these deals.
In December 1988, after instructions from Sims, Adrienne executed a direct cocaine transaction with Ochoa, where she exchanged a rented car filled with cash for another vehicle containing cocaine, which she then transported to Rodney Ross' residence. Milton's uncle, John Taylor, also acted as a courier and was apprehended at Mitchell International Airport in March 1989 with nearly $70,000 in cash concealed in taped shoe boxes. He claimed ignorance of the contents and later collaborated with Sims to falsely assert the money was from a property sale.
In August 1989, law enforcement initiated an investigation into Sims' organization, focusing on Taylor. A confidential informant named Kenny introduced an undercover officer to Taylor, leading to negotiations for cocaine purchase, which ultimately fell through when Taylor requested upfront payment. Following this, Kenny connected the officer with another individual known as 'Duck,' but Taylor interfered during their meeting. Concurrently, couriers Rita Brown and Carolyn Baker began transporting cash and cocaine for Sims, with Brown making multiple trips to Los Angeles, where she received cocaine from Adrienne and devised methods to conceal cash, earning $500 for her efforts.
Rita received $1,500 for transporting cocaine from Milwaukee to Los Angeles, where she was met by Milton Sims and 'Tooter' for cash counting. On November 26, 1988, Milwaukee police pursued Gerald 'Wee Wee' Crawford after a traffic violation. During the incident, a female passenger fled, and Crawford attempted to conceal evidence. The police recovered a white powdery substance identified as cocaine. On February 20, 1990, Crawford was stopped again in a vehicle with cash totaling approximately $2,775, and he was found carrying a loaded .32 caliber pistol.
Carolyn Baker began traveling to Los Angeles around September 1989, making several trips carrying cash and cocaine, which was typically transported via Amtrak. During one trip, she delivered one kilogram of cocaine to Rodney Ross outside a bar. On March 7, 1990, Baker was arrested at the Amtrak station in Los Angeles with four kilograms of cocaine. After her arrest, she agreed to cooperate with authorities. Under DEA supervision, she contacted Milton Sims, leading to his arrival at her residence. Upon realizing the police were present, Sims fled but was apprehended, later identifying himself with an alias and a false driver's license.
In Los Angeles, law enforcement was investigating a connection between Baker and the Sims organization, which led them to the Courtesy Inn Hotel, where Baker was staying in room 225. On March 8, 1990, an agent observed four males leaving the room, including Corey Sims, who entered a blue Chevrolet linked to Milton Sims. Further investigation revealed the vehicle had been sold to an individual named 'Tooter.'
On February 22, 1991, Gardena police encountered Saul Ochoa and four others at a street corner. Ochoa, using a false identity, was apprehended due to an outstanding arrest warrant. During his arrest, police found $1,000 in cash and a mobile phone in the vehicle.
The narrative then shifts to a handgun purchased by Roosevelt Williams in 1986. Prior to Milton Sims' arrest, Sims, Williams, and Tim Eastern socialized, during which Williams placed his handgun in Eastern's car. The night before Sims' arrest, the gun was returned to him and subsequently given to Rita Brown for safekeeping. The DEA recovered the loaded, rusted gun during Brown’s arrest, linking it to drug trafficking offenses for which both Williams and Sims were convicted under 18 U.S.C. Sec. 924(c).
In the analysis portion, the sufficiency of evidence regarding John Taylor's alleged conspiracy involvement is evaluated. Taylor contends there wasn't enough evidence to establish his participation, arguing that it only demonstrated an illegal agreement to transport $69,500 in cocaine proceeds. However, the court maintains that the government must only prove substantial evidence of participation, and the burden lies with the defendant to challenge this evidence. The court reviews the evidence favorably toward the government, recognizing that conspiracy can be established through both circumstantial and direct evidence, ultimately determining if a reasonable jury could conclude Taylor was aware of and intended to join the conspiracy. The evidence indicated that by the time Taylor became involved, Sims had established a routine operation transporting cocaine and proceeds between Los Angeles and Milwaukee.
The government claims that Taylor took over as a courier for Sims, succeeding Ann Love and Roosevelt Williams. Evidence supporting this includes: (1) Amtrak records indicating Taylor's travel to Milwaukee on multiple dates in 1989; (2) a March 15, 1989, incident where Taylor was stopped at Mitchell Airport with $69,500 in cash, which he claimed he was unaware of and was carrying for a man named 'Bob'; (3) a business card in Taylor's wallet with contacts for co-conspirators; (4) undercover attempts in August 1989 to purchase cocaine from Taylor, which failed, leading to a purchase from another individual; (5) a March 26, 1990, search of Taylor's residence revealing documents linked to co-conspirators and a fraudulent driver's license; (6) phone toll analysis showing communication with known co-conspirators during Taylor's trips. This evidence collectively supports the conclusion that Taylor participated in the conspiracy, specifically in transporting cocaine proceeds from Milwaukee to Los Angeles. The large cash seizure, along with Sims hiring a lawyer for Taylor to recover the money, suggests it was drug-related rather than legitimate. Even if Taylor's involvement was limited to a few trips, it is reasonable for the jury to infer he joined the broader conspiracy, as not all co-conspirators need to know every detail of the arrangement.
The jury may consider overt acts in furtherance of a conspiracy as circumstantial evidence of knowing participation. In drug conspiracies, couriers are essential members who facilitate distribution. Taylor's inconsistent explanations for cash found in his suitcase suggest he was aware of the illegal purpose of his trips. Evidence indicates Taylor had connections with other conspiracy members during these trips, reinforcing the notion of his knowing involvement. His possession of mobile phone records and a falsified driver's license, linked to a co-conspirator, further supports this connection. An unsuccessful undercover operation to purchase cocaine from Taylor also implies intent to distribute, although the amount involved was small and the source of cocaine unclear. The evidence is deemed sufficient to uphold Taylor’s conviction for conspiracy.
However, the government acknowledges that Taylor's conviction for attempted possession of cocaine should be reversed, as he joined the conspiracy after the relevant attempt occurred. Under legal precedent, he cannot be held accountable for acts committed by co-conspirators prior to his involvement. Consequently, his conviction on this count is reversed and remanded for resentencing.
Regarding the Travel Act charge, evidence showed that Taylor traveled from Los Angeles to Milwaukee with a significant amount of cash, which was seized at the airport. For a Travel Act conviction, it is necessary to prove that the defendant traveled with the intent to promote or engage in unlawful activities, which the evidence must support.
18 U.S.C. Sec. 1952(a) defines 'unlawful activity' as any business involving narcotics or controlled substances. For an activity to qualify as a "business enterprise" under this Act, it must demonstrate a continuous course of conduct. Travel related to illegal activity must be significant rather than incidental. The evidence presented was sufficient to show that Sims established a courier network for cocaine distribution between Milwaukee and Los Angeles. The jury could infer that Taylor's trip was to retrieve drug proceeds for Sims, supported by evidence of his travel arrangements, short turnaround time, and possession of cash. This established a valid basis for his conviction under the Travel Act.
Regarding the sufficiency of evidence for Count Eight, which involved an attempted possession of cocaine, the government argued Taylor was liable under the Pinkerton doctrine due to his conspiracy membership. Taylor claimed he had withdrawn from the conspiracy, but the burden of proof for withdrawal lies with the defendant. Simply ceasing participation does not absolve liability for subsequent acts of co-conspirators. Taylor failed to provide evidence of a formal withdrawal from the conspiracy, relying only on his lack of active participation as of March 1990, which is insufficient to demonstrate withdrawal.
The jury could reasonably conclude that Taylor remained involved in the conspiracy as of March 1989, evidenced by his travel to Milwaukee and the seizure of money from his luggage. The year-long gap does not indicate withdrawal, especially since Sims hired an attorney for Taylor to recover the seized funds, suggesting ongoing conspiracy membership. The critical issues are whether Sims and Ellison attempted to possess cocaine and if such an attempt was foreseeable in the conspiracy's context. The government must demonstrate that Taylor acted with specific intent and took substantial steps toward committing the offense. Evidence established that Sims and Ellison attempted to possess cocaine on March 9, 1990, as Sims arrived to pick up the cocaine after a call from Baker. This transaction was a normal part of the distribution process, making it foreseeable to Taylor and attributable to him under the Pinkerton doctrine, leading to the affirmation of his conviction on Count Eight.
In an attempt to explain his possession of $69,950 in cash in Milwaukee, Taylor argued that the funds were for helping his children purchase property and that he earned them legitimately. He submitted IRS returns showing significant income for 1987 and 1988. In rebuttal, the government introduced Taylor's actual filed tax returns from 1984 to 1987, revealing much lower adjusted gross incomes than he claimed. Taylor argued this evidence was improperly prejudicial; however, it was deemed appropriate rebuttal as it countered his assertion of a legitimate income source, indicating that his explanation was fabricated.
Taylor's tax returns for 1987 and 1988, while potentially irrelevant on their own, were deemed significant in the context of his allegedly fraudulent returns presented at trial, indicating a possible attempt to disguise the origin of seized funds. The district court appropriately admitted this evidence, referencing precedent that allows the admission of tax return failures to illustrate a lack of legitimate income sources.
In another ruling, the district court permitted evidence of an undercover agent's attempt to purchase cocaine from Taylor in August 1989. Despite the purchase not being completed, the negotiations were relevant to establishing Taylor's intent to distribute cocaine, a critical factor in conspiracy cases. This evidence was admissible under Rule 404(b), as intent is a key aspect of conspiracy, regardless of whether the defendant contests it.
Regarding sentencing, Taylor contested the district court’s conclusion that he was responsible for between fifteen and forty-nine kilograms of cocaine, arguing it was based on speculation. However, the standard for reviewing such factual findings is "clearly erroneous." In drug conspiracies, a conspirator is accountable for both direct involvement and any amounts that were foreseeable from co-conspirators. The government supported the range of responsibility with evidence of Taylor's courier activities and those of associates. Ultimately, the appellate court found it necessary to vacate the sentence and remand for the district court to provide more precise justifications for attributing at least fifteen kilograms of cocaine to Taylor, as the court had not sufficiently detailed its rationale for this determination.
The court highlights the necessity for a specific basis in determining the drug quantities attributed to a defendant, as established in United States v. DePriest. In this case, the district court failed to provide such specificity, which was also absent from the government and probation officer's assessments. Although the fifteen-kilogram figure for cocaine might be reasonable given the conspiracy's operations, direct evidence linking the defendant, Taylor, to this quantity is lacking. Taylor's trips from Los Angeles to Milwaukee suggest a potential involvement with cocaine, but the record does not clarify how much he or other couriers transported, making it impossible to assess whether the district court's conclusion was erroneous. Consequently, the matter is remanded for further factual findings.
Regarding Milton Sims, the charge of attempted possession of six kilograms of cocaine is supported by evidence of his involvement in a controlled delivery through Federal Express. Sims advised Linda Williams to reject a package, which he did upon realizing it was delayed. While he claims this instruction negates an attempt charge, the court finds that his actions indicate a substantial step toward the completion of the offense. Sims's oversight of the cocaine deliveries suggests his involvement continued until the package's receipt in Milwaukee. His direction to refuse the delivery was ultimately motivated by the suspicion of interception, paralleling the actions of a burglar who abandons a crime upon discovery.
Sims is found culpable for attempting to take possession of cocaine in Milwaukee, despite a last-minute change of heart. His conviction on Count Three of the superseding indictment is affirmed. The government concedes error regarding Sims' conviction for possession of a handgun related to a drug trafficking offense (Count Seven), resulting in a reversal and remand for resentencing. In the case of attempted possession of four kilograms of cocaine (Count Eight), the evidence is deemed sufficient to support the conviction, as Sims was prepared to retrieve the cocaine before learning of the police presence, leading to his flight.
Regarding Sims' attempts to demonstrate legitimate income from various jobs, the government rebutted this by presenting evidence of his failure to file tax returns for 1987 and 1988, contradicting his defense that he earned legitimate income during that timeframe, thus the district court did not abuse its discretion in admitting this evidence.
Frank Arms argues insufficient evidence for his conspiracy conviction, claiming it only establishes a buyer-seller relationship. However, the government asserts that such relationships can still indicate a conspiracy through concerted action, supported by evidence of ongoing drug distribution activities.
Evidence presented in the case against Arms was found sufficient to uphold his conspiracy conviction, indicating his involvement in a drug distribution network beginning in 1987. Arms purchased significant quantities of cocaine from various associates, including payment arrangements that demonstrated his financial stake in the conspiracy, further supported by extensive phone records showing ongoing communication with other conspirators from 1987 to 1990. Consequently, his conviction on Count One of the second superseding indictment was affirmed.
In contrast, the evidence for Arms' attempted possession of cocaine on July 7, 1988, was deemed insufficient. This charge stemmed from a failed delivery of two packages of cocaine intended for Linda Williams, who declined them based on instructions from Milton Sims. While testimony and phone records suggested Arms might have had the intent to possess cocaine, the court concluded that no substantial step was taken by him toward actual possession of that specific shipment. For a conviction of attempted possession, the law requires clear evidence of both specific intent and a substantial step towards execution of the crime, which was not met in this instance.
In the case of United States v. Argencourt, the court found insufficient evidence to support the convictions of Arms on Counts Three and Four of the second superseding indictment. For Count Three, the jury could only speculate about discussions between Arms and Sims regarding a shipment, as no evidence confirmed their conversation or even that it was them speaking. The chronology of phone calls did not allow for a reasonable conclusion that they discussed the shipment beyond a reasonable doubt, leading to the reversal of Arms' conviction and remand for re-sentencing.
For Count Four, concerning possession of cocaine on September 2, 1988, although the government presented circumstantial evidence suggesting Arms' involvement, it was deemed inadequate. The evidence included previous drug transactions with Sims and phone call records indicating ongoing contact. However, there was no direct evidence linking Arms to the specific shipment in question. The evidence was weaker than that for Count Three, particularly lacking a key witness like Linda Williams, who previously confirmed Arms' involvement in other shipments. The mere phone call prior to the cocaine's arrival did not provide sufficient grounds to conclude Arms was connected to this shipment, as it could have been unrelated. Consequently, the court reversed Arms' conviction on Count Four as well.
Sims and Ellison fled the scene upon learning of Baker's arrest, leaving uncertainty regarding to whom they would have delivered cocaine. The government acknowledges a lack of direct evidence linking Arms to the conspiracy at that moment but presents several circumstantial pieces of evidence to suggest his continued involvement: (1) A handwritten list of nine phone numbers from Sims included Arms' number, (2) a similar list from Brown also contained Arms' number, and (3) phone records showed multiple calls from Arms to Sims' beeper and another call from Sims' mobile phone to Arms' residence on March 2, 1990. However, the court finds the evidence insufficient to connect Arms to the specific shipment of cocaine in question, leading to the reversal of his conviction on Count Seven of the indictment.
Additionally, evidence obtained from Arms' residence included a loaded revolver, a loaded semi-automatic pistol, and a small quantity of cocaine, which the district court admitted as evidence of conspiracy or intent under Rule 404(b). Arms argued that this evidence was irrelevant and prejudicial. However, the court upheld the admission of the firearms as indicative of the narcotics trade and deemed the cocaine relevant to Arms' intent, suggesting it could have been intended for sale rather than personal use, thus maintaining its probative value.
Finally, the presentence report recommended that Arms be held accountable for 50 to 150 kilograms of cocaine, establishing a base offense level of 36.
Arms was found by the district court responsible for 15 to 50 kilograms of cocaine, leading to a base offense level of 34. He claims this finding was a clear abuse of discretion, suggesting the court's determination of cocaine amount was clearly erroneous. The government defends the amount based on two grounds: Arms' involvement in the conspiracy from 1987 to 1990, which holds him accountable for all foreseeable amounts attributed to the conspiracy, and the possession charges alone totaling over fifteen kilograms. However, since Arms' convictions on three substantive counts involving approximately fifteen kilograms were reversed, the district court is instructed to reevaluate the cocaine quantities attributed to Arms on remand.
Holloway challenges the sufficiency of evidence for his participation in the conspiracy. The government counters with multiple pieces of evidence: Tim Eastern testified to Holloway's delivery of cocaine in 1988 and ongoing contacts with co-conspirators, while Ann Love recounted a specific incident in Milwaukee involving Holloway, where he took possession of cocaine and facilitated its delivery. This evidence sufficiently establishes Holloway's active role in the conspiracy, demonstrating his awareness, intent, and cooperation with co-conspirators. Consequently, Holloway's conviction on Count One is affirmed.
Ann Love's delivery of cocaine to Holloway is central to the charge against him. Holloway argues that the evidence does not sufficiently demonstrate his involvement with the cocaine shipment. The government presents evidence of multiple phone calls made by Errol Jackson, a customer of Sims and Holloway, to Holloway on September 2 and 3, 1988. Additionally, a call from Sims' phone to Holloway’s residence on September 2 supports the government's case. Testimony from Ann Love and Tim Eastern leads to the conclusion that the jury could reasonably find Holloway possessed the cocaine shipment. Although the phone calls do not clarify Holloway's intentions, Love's testimony indicates that Holloway picked her up with the cocaine, took possession of it at his home, and subsequently paid her. As a result, Holloway's conviction on Count Four of the second superseding indictment is affirmed.
Holloway also contends that the district court erred by not providing a missing witness instruction regarding Gerry McCoy, an informant whose calls with Holloway were monitored. The government did not call McCoy as a witness, although recordings of those calls were admitted at trial. A missing witness instruction requires proof that the witness is uniquely within the government's control and has relevant testimony. Holloway failed to demonstrate that McCoy was unavailable to him or that he could not have subpoenaed him. Thus, this argument is dismissed. Even if there was an error in not giving the instruction, Holloway has not shown that it was harmful.
Additionally, Holloway argues against the admission of his taped conversations with McCoy, claiming they did not pertain to drug trafficking. However, the review of the tapes suggests that the conversations could imply a potential narcotics transaction.
The conversation between Holloway and McCoy indicates a lack of communication due to a pager issue, but Holloway reassures McCoy that they will connect later. The legal analysis notes that the absence of explicit drug references in recorded conversations does not undermine their relevance, especially given Holloway's subsequent calls to Sims, which could suggest his involvement in a drug conspiracy.
Regarding E. Roosevelt Williams, the government acknowledges insufficient evidence to hold him liable for cocaine shipment on September 2, 1988, prior to his active participation in the conspiracy. Consequently, Williams' conviction for this count is reversed and sent back for resentencing. Similarly, the government concedes that there was an error in the conviction related to the use or carrying of a firearm during drug trafficking, resulting in another reversal and remand for resentencing.
For Saul Ochoa, he contends that the evidence does not establish his participation in a conspiracy but rather reflects a buyer-seller relationship with Sims. However, the government argues that the evidence against Ochoa is compelling, citing testimony from Tim Eastern and Adrienne Ross, who identified Ochoa as Sims' main cocaine supplier. Ross detailed multiple transactions with Ochoa and noted his historical connection to Tony Love, which was corroborated by Ann Love. The evidence also links Ochoa to "The Candy Shop," a central hub for conspiratorial activities, and indicates that phone contacts found on Ochoa at arrest were frequently associated with other conspirators. Despite Ochoa's claims of no contact with Sims post-1987, relevant phone numbers were discovered in his possession, suggesting a more intricate relationship than merely buyer and seller.
The evidence was deemed sufficient to establish Ochoa's involvement in a conspiracy, particularly through repeated sales of cocaine to Sims and his associates over an extended period. These transactions indicated a deeper agreement beyond mere sales, reflecting Ochoa's "prolonged cooperation" with Sims, which suggested he knowingly participated in the drug trafficking enterprise. By fronting cocaine to Sims and accepting payment after deliveries, Ochoa demonstrated a significant role that went beyond that of a passive wholesaler, thereby supporting an inference of his active participation in the conspiracy.
Ochoa contested his convictions for possession and attempted possession of cocaine, arguing that his involvement ceased once the cocaine was sold and that there was no evidence of actual or constructive possession. However, it was determined that his ongoing partnership as the supplier aided and abetted the possession and attempted possession by his associates. The court noted that participation in a criminal venture that aims to succeed constitutes aiding and abetting. Although selling cocaine alone does not automatically classify someone as an aider and abettor, Ochoa's consistent sales, provision of cocaine on credit, and active engagement with other conspirators allowed the jury to reasonably conclude he intended to facilitate their possession and distribution of narcotics. Consequently, Ochoa's conviction on Count One was affirmed.
Ochoa's conviction for possession and attempted possession of cocaine was upheld, affirming his convictions on Counts Two through Five of the third superseding indictment. In April 1987, Ochoa engaged in negotiations to sell four kilograms of cocaine to an undercover agent, leading to his arrest after delivering the first kilogram. A search of his apartments yielded nearly a kilogram of cocaine, cash, and empty wrappers. The district court allowed this evidence to be introduced under Rule 404(b) to support the conspiracy charge. Ochoa contended that this evidence effectively amended the indictment to include the April transaction, while the government argued it demonstrated Ochoa's role as a multi-kilogram supplier during the conspiracy timeframe. The court found the evidence's admission questionable concerning the conspiracy charge but ruled any error was harmless due to the overwhelming evidence of Ochoa's involvement with co-conspirators. The court highlighted that the transaction with undercover agents did not directly establish a conspiratorial link to Sims and his associates. Additionally, evidence from post-conspiracy phone calls between Sims and Ochoa, along with items found on Ochoa at his 1991 arrest, was admitted to illustrate their ongoing relationship. Items found included a digital pager, mobile phones, cash, and false identification.
The government asserts that Ochoa's use of a false name and identification aligns with his typical behavior of employing aliases during the conspiracy, indicating a consciousness of guilt. While the government did not provide a clear rationale for admitting evidence related to a mobile phone, beeper, and cash, it claims any potential error in their admission was harmless. Ochoa, raising this issue for the first time on appeal, argues that the evidence was wrongly admitted under Rule 404(b) and improperly suggested to the jury that his connection to Sims and possession of drug-related items implied his involvement in the conspiracy. As Ochoa did not object to this evidence during the trial, the standard for review is plain error, which was not found.
The conversations between Sims and Ochoa post-arrest were deemed relevant to their relationship and potential co-conspirator status, especially since Ochoa had previously denied contact with Sims after 1987. Items such as the mobile phone, beeper, cash, and false identification were considered indicative of drug-related activities and thus relevant to Ochoa's involvement in the drug trade.
Regarding the admission of co-conspirator statements against Ochoa, he objected at trial, but the district court established a conspiracy involving multiple individuals. Although the court did not explicitly state Ochoa was part of the conspiracy, its language implied that he was included. The court's remarks indicated an assumption of Ochoa's involvement, especially after it denied his motion for acquittal, citing strong evidence against all defendants on the conspiracy charge. Thus, there was no clear error in admitting the co-conspirator statements against Ochoa, given substantial evidence supporting his membership in the conspiracy.
Ochoa contests the sufficiency of evidence supporting his involvement in a single cocaine trafficking conspiracy, asserting that the evidence indicates multiple independent conspiracies instead. He claims a lack of cohesion among the conspiracy members. However, the evidence demonstrates a clear single conspiracy with Milton Sims at the top, Ochoa as the principal supplier, and a structured distribution network in Milwaukee. Ochoa's interactions with conspirators and his role in supplying significant quantities of cocaine establish his participation, despite his claims of indifference to distribution post-payment.
The court found Ochoa's testimony at trial to be false, resulting in a two-level upward adjustment for obstruction of justice at sentencing. Ochoa argues that the district court's finding of perjury was insufficiently supported, but the court made a clear finding of false testimony, which does not require citation of specific falsehoods.
Crawford, another party, argues insufficient evidence for establishing his membership in the conspiracy, but the government references Eastern's testimony regarding multiple transactions involving Crawford and either cash or cocaine as evidence against this claim.
Sims delivered cocaine directly to Crawford, as confirmed by trial testimony. Linda Williams, a Federal Express recipient of cocaine, typically handed the drugs to Frank Arms or "Wee Wee," whom she was introduced to by Jim McGee. Rita Brown observed Crawford near Williams' home and recalled an incident where Crawford and McGee counted cash at her residence. Although Adrienne Ross had not met Crawford, she heard Sims reference him in discussions about individuals in Milwaukee. From October 1987 to January 1989, there were numerous communications between Sims, Tony Love, Adrienne Ross, and Milwaukee phone numbers linked to Crawford's girlfriend, Tracy Izard. The evidence, particularly the testimonies of Eastern and Williams, was deemed sufficient to establish Crawford's involvement in the conspiracy, affirming his conviction on Count One of the indictment.
Regarding Count Two, which charged attempted possession of six kilograms of cocaine on July 7, 1988, related to a controlled delivery to Williams, the evidence was insufficient to show that Crawford took a substantial step towards possession. Although there were phone records indicating contact between Crawford and Sims during the timeframe, the connection to the specific shipment was not clear. Consequently, the conviction on Count Two was reversed and remanded for resentencing. Additionally, the district court allowed the introduction of evidence concerning two encounters Crawford had with police in late 1988 and early 1990, including an incident where he attempted to flee from a police stop while in possession of cocaine.
A phone call was made from Milton and Corey Sims' residence to Crawford's girlfriend the day after a significant incident. On February 20, 1990, police stopped a vehicle with Crawford as a passenger, where $2,775 in cash was found scattered, indicating he was attempting to pass it to another passenger. Crawford was also found with a loaded handgun. The government argues that these incidents demonstrate Crawford's involvement in a conspiracy, despite a lack of evidence connecting him to the conspiracy on the second date. The court determined that evidence from both incidents was admissible, with the first aligning with Crawford's role in the conspiracy and the second suggesting ongoing involvement in narcotics despite no formal evidence of continued participation.
Corey Sims claimed ineffective assistance of counsel for not requesting jury instructions regarding addiction and vindictive prosecution, but failed to provide supporting evidence. Sims also contested his sentencing, asserting he should be held responsible for less cocaine than the court determined, but he did not present evidence to support this claim and the court had adopted the range his counsel proposed.
The conclusion of the document affirms or reverses various convictions and remands for resentencing for multiple defendants: John Taylor (affirmed on some counts, reversed on Count Three), Milton Sims (affirmed on some counts, reversed on Count Seven), Frank Arms (affirmed on Count One, reversed on others), Nathan Holloway (affirmed on some counts), Roosevelt Williams (reversed on some counts), and Saul Ochoa (affirmed with a sentencing enhancement). Gerald Crawford's conviction on Count One was affirmed, but reversed on Count Two, remanding for resentencing.
Corey Sims' conviction and sentence were affirmed, while Roosevelt Williams' appeal, case number 91-2430, was submitted without argument. The appellants underwent four separate trials: Milton Sims and John Taylor together in August 1990; Frank Arms and Nathan Holloway with Adrienne Ross and Stella Roberson in January 1991 (the latter two did not appeal); Roosevelt Williams individually in April 1991; and Saul Ochoa, Gerald Crawford, and Corey Sims collectively in July 1991. All convictions stemmed from the same charged conspiracy, leading to a unified summary of facts, though specific record citations pertain to the individual appellants' claims.
The document clarifies that the recently adopted standard for reviewing sufficiency of evidence in conspiracy cases does not significantly differ from other types of cases, emphasizing the importance of maintaining the prosecution's burden in conspiracy contexts. "Substantial evidence" is defined as adequate in quantity and quality to uphold the jury's verdict. The text notes that had authorities not intercepted certain packages, they would likely have remained under Sims' constructive possession due to his control over the courier system. Additionally, under a Pinkerton theory, the government could have held Arms accountable for a shipment if his conspiracy involvement was established. However, the district court did not allow this approach, and the jury was not instructed accordingly for any possession counts where evidence was deemed insufficient.