United States v. Anderson

139 F.3d 291, 1998 U.S. App. LEXIS 5985, 1998 WL 130158
CourtCourt of Appeals for the First Circuit
DecidedMarch 27, 1998
Docket96-1635, 96-1738
StatusPublished
Cited by22 cases

This text of 139 F.3d 291 (United States v. Anderson) is published on Counsel Stack Legal Research, covering Court of Appeals for the First 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. Anderson, 139 F.3d 291, 1998 U.S. App. LEXIS 5985, 1998 WL 130158 (1st Cir. 1998).

Opinion

BOWNES, Senior Circuit Judge.

Appellants Eddie Lee Anderson and Michelle Coutermarsh were each convicted in the district court of three counts involving transportation of minors and other individuals across state lines for purposes of illegal sexual activity — prostitution. 18 U.S.C.A. §§ 2421, 2423(a) (West Supp.1998). They bring separate appeals, which we have consolidated for purposes of argument and opinion. We address their individual arguments first, before turning to the positions common to both appellants. We affirm both convictions and sentences.

As is required, “we sketch the facts in the light most favorable to the jury verdict, consistent with record support.” United States v. Pitrone, 115 F.3d 1, 3 (1st Cir.1997). For a number of years, Anderson and Couter-marsh operated a prostitution business that involved both juvenile and adult women. The center of these operations during the offense conduct was Dracut and Lowell, Massachusetts, where Anderson and Couter-marsh each had separate households. At the time of the offenses charged, the organization included adult prostitutes Coutermarsh, Kelly Munger, Inez Walsh, and juveniles Christy, Jasmine, and Jessica. 1 Anderson and Coutermarsh were assisted in their activities by Norris Scott, who basically ran errands for Anderson. Scott, who was included in the indictment, pled guilty before trial.

Anderson received all of the prostitutes’ earnings, in exchange for which the women and girls were given food, clothing, shelter, and drugs. Each prostitute was identified by a gold name tag necklace, and each had been given Massachusetts identification cards— with false names and birth dates — which were obtained by Anderson through a connection at the local Registry of Motor Vehicles. These identification cards gave the juveniles access to establishments from which they would otherwise have been excluded because of their ages.

The charges at issue stem from two trips made from Lowell, Massachusetts, to Atlantic City, New Jersey, in February, 1995. On or about February 21, 1995, Anderson and Scott left the Lowell area with two adult women and two juveniles, Jasmine and Jessica. The group traveled in three ears— Anderson’s Mercedes, Coutermarsh’s Acura, and a rental car. While they were bound initially for Atlantic City, the group apparently planned to continue on to Las Vegas, Nevada, at some later date. Coutermarsh stayed in Massachusetts, ostensibly to arrange for the transportation of her and Anderson’s belongings to Nevada.

Upon arrival in New Jersey, the group housed themselves at the Luxury Inn in Ab-secon. 2 Norris Scott rented the rooms under an alias. Anderson and Scott obtained beepers for the women and juveniles, and listed them with local escort services. The prostitutes began to work what is known as “The Track” in Atlantic City — an area where sex was sold. Several days after arrival, on or about February 25,1995, Anderson and Scott returned to Massachusetts with the juvenile Jessica, in order to head off a possible kidnapping charge by assuaging Jessica’s family with false information about her activities and whereabouts. After Anderson’s meeting with Jessica and her aunt, Coutermarsh drove Jessica into Boston for prostitution and in the early morning hours of February 26, 1995, put her on a train back to New Jersey. Jessica testified that Coutermarsh paid for the ticket with cash that Anderson had given her.

It was not long thereafter that things began to go awry for Anderson and his organi *296 zation. To make the short of it, automobiles were impounded by the authorities and some of the prostitutes were arrested. This was followed by the arrests of Anderson, Scott, and Coutermarsh.

I

A

We examine Anderson’s independent positions on appeal first. Anderson initially appeals the district court’s denial of his motion for a new trial, which we review for “manifest abuse of discretion.” United States v. Brimage, 115 F.3d 73, 79 (1st Cir.), cert. denied, — U.S. -, 118 S.Ct. 321, 139 L.Ed.2d 248 (1997). The motion below was brought on the basis of “newly discovered evidence,” allegedly withheld by the government in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194,10 L.Ed.2d 215 (1963). Anderson posits that the evidence demonstrates government inducements to juvenile witnesses Christy and Jessica in exchange for their testimony against Anderson. 3 Had he been privy to this information, Anderson argues, his ability to impeach these key witnesses would have been substantially improved. While we have suggested that newly discovered impeachment evidence might in some circumstances warrant a new trial, see United States v. Sepulveda, 15 F.3d 1216, 1220 n. 5 (1st Cir.1993), we do not think that Anderson’s offering meets the high standard required of him: “probably producing] an acquittal upon retrial.” United States v. Ortiz, 23 F.3d 21, 27 (1st Cir.1994).

Anderson directs us to two bits of evidence to substantiate his claim: (1) a notation in Coutermarsh’s Presentence Report (“PSR”) that Christy and her father were critical of the government because “[b]oth were of the opinion that if Christy cooperated in the investigation, agents would assist her in securing employment,” Coutermarsh PSR ¶ 30, Coutermarsh App. at 76; and (2) the fact that Jessica had a Child In Need of Services (“CHINS”) warrant outstanding at the time she testified. From these threads Anderson argues that it can be inferred that inducements were offered to the juveniles to testify for the government, and were accepted. There is no evidence to support what are, at the most, suspicions. Moreover, there is such a lack of developed argumentation on appeal as to warrant a finding of waiver. See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.1990).

We need not recite all the familiar requirements that a defendant must meet in order to prevail on a motion such as this. See Ortiz, 23 F.3d at 27. It is enough to reiterate that “new trials based on newly discovered evidence, or on evidence withheld by the prosecution, require specified showings as to the likelihood of a different result.” Sepulveda, 15 F.3d at 1219.

Anderson’s claim fails because he has not even attempted to demonstrate how such proof would warrant a new trial. Even assuming, arguendo, that Christy and her father thought that some benefit would accrue as a result of her testimony, we do not think that inclusion of such evidence would probably produce an acquittal the next time around. Christy was not one of the juveniles transported to New Jersey, and her testimony was largely background information which set the stage for the offense conduct.

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Bluebook (online)
139 F.3d 291, 1998 U.S. App. LEXIS 5985, 1998 WL 130158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-anderson-ca1-1998.