United States v. Adams

321 F. App'x 449
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 15, 2009
Docket07-5162, 07-5725
StatusUnpublished
Cited by6 cases

This text of 321 F. App'x 449 (United States v. Adams) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Adams, 321 F. App'x 449 (6th Cir. 2009).

Opinion

OPINION

RONALD LEE GILMAN, Circuit Judge.

Sidney and Sheila Adams, a married couple, were involved in a conspiracy to distribute large quantities of marijuana. *452 After their arrests, they entered into separate plea agreements with the government. Despite agreeing to aid in the government’s investigation of the conspiracy, however, the Adamses actually obstructed the investigation by misleading the government as to the location of a large stash of marijuana and the proceeds from its eventual sale.

The Adamses now appeal their sentences on numerous grounds, including their contention that the government breached the plea agreements and that the district court improperly declined to grant certain downward adjustments to their sentences. For the reasons stated below, we AFFIRM the judgment of the district court.

I. BACKGROUND

A. Factual background

Starting in 2004, Mr. Adams, along with coconspirator Jeremy Robbins and others, traveled to Arizona on multiple occasions to obtain large quantities of marijuana to resell in eastern Tennessee. Mr. Adams personally made at least three of these trips, obtaining 900 pounds or more of marijuana per trip. Jeremy Robbins was the ringleader of the operation and conducted the drug enterprise from his home in Dandridge, Tennessee. He also arranged to have some of the marijuana stored in a barn on the Adamses’ property in nearby Hamblen County. Mrs. Adams observed sizable quantities of marijuana at Robbins’s residence and sometimes assisted in repackaging it for resale.

When Robbins was arrested in March 2005, he contacted Mr. Adams and asked him to remove approximately 1,200 pounds of marijuana from the barn. Mr. Adams then assumed full control of the marijuana and sold some or all of it with the help of his friend Chris Oakes. The government did not learn about the marijuana stored in the barn until the following month. By that time, Mr. Adams had already moved and/or sold it. Mr. and Mrs. Adams hid the proceeds of the drug sales from both Robbins — who was then in jail — and the government.

In November 2005, the Adamses signed plea agreements that included a pledge to cooperate with the government in its investigation of the drug conspiracy, but they did not immediately enter guilty pleas in court. Mr. Adams eventually pled guilty in August 2006 pursuant to his plea agreement and was placed in the Blount County Detention Facility to await sentencing. Mrs. Adams did not enter her guilty plea until February 2007 so that she could remain free on pretrial release.

Federal agents interviewed Mr. Adams six times between December 2005 and September 2006. These interviews were conducted pursuant to his plea agreement and were intended to prepare him for his role as a government witness in the trials of coconspirators Robbins and Robbins’s wife Diana. The subject of the marijuana stored in the Adamses’ barn was covered extensively during the interviews. Mr. Adams gave different answers in each interview regarding the quantity of the marijuana, who moved it (and how), and what happened to it after Robbins’s arrest. He claimed at first that Robbins had asked him to move the marijuana to the door of the barn and that, after he complied, unknown individuals retrieved the marijuana overnight. Later, Mr. Adams said that he had delivered approximately 350 to 400 pounds of the marijuana to Robbins’s customers, that he had received no payment, and that he then moved the remaining 600 pounds to the door of the barn to be picked up per Robbins’s instructions.

Mrs. Adams was interviewed about the relocated marijuana in August 2006. She *453 initially claimed not to remember anything about it, but ultimately told the agents that Mr. Adams was supposed to move the marijuana to the door of the barn, where some person whose identity she did not know or could not recall would collect it.

On September 8, 2006, coconspirator Diane Robbins met with federal agents. She contradicted Mr. Adams’s story, telling the agents that Mr. Adams had taken the marijuana from the barn, sold it, and kept the proceeds of around one million dollars for himself. According to Diana Robbins, Mrs. Adams knew about the marijuana and was currently spending the drug proceeds. Robbins and his wife entered guilty pleas on September 13, 2006, shortly before their scheduled trial, where Mr. Adams was expected to testify as a government witness.

On September 22, 2006, Mr. Adams met with Assistant United States Attorney (AUSA) Hugh Ward and other federal agents. Ward told Mr. Adams at the beginning of the meeting that he was going to file a motion for downward departure based on Adams’s “substantial assistance,” recommending a sentence of 42 months. Mr. Adams admitted at the meeting that he had lied in his previous interviews and during his preparation for the Robbinses’ trial. He also conceded that he would have presented perjured testimony during the trial had the Robbinses not pled guilty.

Mr. Adams stated at the meeting that he and his friend Chris Oakes, on their own initiative, had taken the marij uana from the barn shortly after Robbins’s arrest and transported it to a rental house in Rogersville, Tennessee, where it remained for a couple of weeks. Next, at Robbins’s request, Mr. Adams moved around 600 pounds of marijuana back to the barn by himself, after which someone else had retrieved it. Mr. Adams admitted delivering marijuana to four of Robbins’s customers, but denied receiving any payment. He also denied that he had sold the marijuana himself and kept the proceeds. Mr. Adams claims that, before leaving the meeting, AUSA Ward told Mr. Adams’s counsel that he still intended to file the motion for a downward departure, but that he was no longer in a position to tell the court that Adams qualified for a “safety-valve” sentence x-eduction.

On October 6, 2006, however, AUSA Ward sent a letter to Mr. Adams’s counsel informing him that, because Adams had not been truthful in his earlier interviews, Ward was not going to file the motion for a downwax'd depax-ture. Ward instead stated that he was going to ask the district court to enhance Mr. Adams’s sentence for obstruction of justice. The government later filed a sealed sentencing memorandum requesting that the court apply an obstruetion-of-justiee enhancement to Mr. Adams’s sentence. In the memorandum, the govexmment asserted that Mr. Adams had not been truthful in his interviews subsequent to signing his plea agreement, and that he was still withholding information and evidence relevant to the case. The memox-andum concluded that, as of that time, Mr. Adams did not meet the criteria for a safety-valve below-minimum sentence.

While Mr. Adams was incarcerated at the Blount County Detention Facility following his guilty plea, he made fi’equent calls to Mrs. Adams. They knew, based on a warning played at the beginning of each call, that their calls were being recorded and were subject to monitoring. A Drug Enforcement Administration (DEA) agent working on the case subsequently obtained the recordings of those phone calls. The recordings reveal that Mr. Adams instructed Mrs. Adams to lie to the investigators regarding the funds that they had received from the sale of the maxijua- *454 na. Mr.

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Bluebook (online)
321 F. App'x 449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-adams-ca6-2009.