United States of America,appellee v. Euka Wadlington,appellant

233 F.3d 1067, 2000 U.S. App. LEXIS 30451, 2000 WL 1760565
CourtCourt of Appeals for the Eighth Circuit
DecidedDecember 1, 2000
Docket99-3478
StatusPublished
Cited by70 cases

This text of 233 F.3d 1067 (United States of America,appellee v. Euka Wadlington,appellant) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States of America,appellee v. Euka Wadlington,appellant, 233 F.3d 1067, 2000 U.S. App. LEXIS 30451, 2000 WL 1760565 (8th Cir. 2000).

Opinions

MAGNUSON, District Judge.

Euka Wadlington was convicted of conspiracy to possess and distribute cocaine and cocaine base and attempted distribution of cocaine. He was thereafter sentenced to life imprisonment. He now appeals, attacking both his conviction and sentence. For the reasons stated below, we affirm.

I. BACKGROUND

On December 3, 1998, a federal grand jury empaneled in the Southern District of Iowa returned an indictment against Appellant Euka Wadlington (“Wadlington”), charging him with conspiracy to possess and distribute cocaine and cocaine base and actual distribution of cocaine base, in violation of 21 U.S.C. §§ 846 and 841(a)(1). Thereafter, the Grand Jury handed down two superseding indictments. The first included an additional charge against Wad-lington for attempted distribution of cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 846,2 and added Samuel L. Miller (“Miller”), Terrance Hood (“Hood”), and Lee Paige Driver (“Driver”) to the conspiracy count. The second superseding indictment added Terrance McLoyd (“McLoyd”) to the list of conspirators as well as another count against Driver. Although no new charges were brought against Wadlington, he was indirectly affected by the proceedings. Two of his former girlfriends, Juanita Ellis (“Ellis”) and Luwanda Kelly (“Kelly”), both of whom were considered by him to be key defense witnesses, fully implicated him and others in the conspiracy when testifying before the Grand Jury.

Prior to being summoned to Iowa for the grand jury proceedings, both Ellis and Kelly were interviewed in their home states by government agents. Each denied having any direct knowledge of Wad-lington’s involvement with drugs, although both admitted knowing that he was a drug dealer. Certain that Ellis and Kelly could provide more specific information about the conspiracy’s participants and activities, the prosecutor issued subpoenas summoning them to Davenport, Iowa, to testify before the Grand Jury on April 8, 1999. The prosecutor arranged for them to arrive in Iowa the morning of April 7, 1999. Upon their arrival, both witnesses met with attorneys provided by the Government. They were then questioned by the prosecutor and government agents with their counsel present.

After one or two hours of questioning, Kelly admitted having detailed information about Wadlington’s drug operation, including the activities of his associates. She disclosed the information to the Grand Jury the following day. Kelly denies being threatened or coerced into making the incriminating statements and maintains that her testimony was truthful. Ellis was less inclined to provide incriminating information about Wadlington and his associates. Throughout interviews on April 7th, she continued to deny having any actual [1073]*1073knowledge of Wadlington’s drug dealing, even after failing a lie detector test. However, after speaking privately with her attorney the following afternoon, Ellis decided to fully divulge her knowledge of Wadlington’s drug operation. Her attorney, Patrick Kelly, denies that the Government coerced her testimony.

On April 20, 1999, and again on April 26, 1999, Wadlington moved to dismiss the second superseding indictment, alleging prosecutorial misuse of the grand jury process. Wadlington also filed a motion to continue the trial to prepare his defense in light of Ellis’ and Kelly’s damaging testimonies. Finding no abuse of the grand jury process or misconduct by the Government in its investigation, the District Court3 denied both motions.

The case proceeded to trial on April 26, 1999.4 Viewed in the light most favorable to the verdict, the evidence shows that from 1992 to approximately 1998, Wadling-ton was the leader in a drug organization that supplied cocaine and cocaine base to persons in Clinton, Iowa. Wadlington employed and supervised numerous persons who concealed, transported, prepared, and distributed the drugs. At least two of these individuals were juveniles. Government witnesses testified that the drug operation involved concealing cocaine in Tide detergent boxes and transporting the boxes from Chicago to several residences in Clinton where the drugs were cooked and distributed for re-sale in the Clinton area.

Wadlington was never caught with any drugs, either on his person or in his vehicle, home, or business. The Government relied entirely on the testimony of Wad-lington’s co-conspirators as well as others involved in the Clinton drug scene to establish his guilt. In defense, Wadlington sought to convince the jury that the Government’s case was a fraud. To this end, he attempted to undermine the credibility of government witnesses by highlighting prior inconsistent statements and revealing their self-interest in providing incriminating evidence about him. The jury was apparently not entirely swayed by Wad-lington’s defense. On May 10, 1999, the jury returned a verdict convicting Wad-lington on the conspiracy and attempted distribution counts and acquitting him on the actual distribution count. On August 5, 1999, the District Court sentenced Wad-lington to concurrent life sentences and 10 years supervised release. Wadlington now appeals his conviction and sentence.

II. DISCUSSION

A. Prosecutorial Misconduct.

On appeal, Wadlington alleges numerous instances of prosecutorial misconduct occurring at various times during the proceedings. For the reasons stated below, we conclude that the cited instances do not, either individually or collectively, necessitate a new trial.

1. Grand Jury Proceedings.

Wadlington advances three separate, but intertwined instances of alleged prosecutorial misconduct during grand jury proceedings, each of which he believes mandates reversal of his conviction. At the outset we note that “[g]rand jury proceedings are afforded a strong presumption of regularity, and a defendant seeking to overcome that presumption faces a heavy burden.” United States v. Kouba, 822 F.2d 768, 774 (8th Cir.1987). Where the defendant has alleged prosecutorial misconduct, dismissal of an indictment is proper only when the defendant demonstrates flagrant misconduct and substantial prejudice. See United States v. Manthei, [1074]*1074979 F.2d 124, 126-27 (8th Cir.1992). “[A]bsent demonstrable prejudice, or substantial threat thereof, dismissal of the indictment is plainly inappropriate, even though the violation may have been deliberate.” United States v. Morrison, 449 U.S. 361, 365, 101 S.Ct. 665, 66 L.Ed.2d 564 (1981). We will disturb a district court’s denial of a motion to dismiss an indictment only upon a finding of abuse of discretion. See Manthei, 979 F.2d at 126-27.

Wadlington first contends that Ellis and Kelly were improperly called to testify before the Grand Jury for the sole purpose of strengthening the Government’s case against him.

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233 F.3d 1067, 2000 U.S. App. LEXIS 30451, 2000 WL 1760565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-of-americaappellee-v-euka-wadlingtonappellant-ca8-2000.