United States v. Anderson

333 F. App'x 17
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 26, 2009
Docket06-3909, 07-3106
StatusUnpublished
Cited by19 cases

This text of 333 F. App'x 17 (United States v. Anderson) 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. Anderson, 333 F. App'x 17 (6th Cir. 2009).

Opinion

OPINION

COLE, Circuit Judge.

Defendants-Appellants Caesar Anderson and Clarence Remble appeal their sentences for conspiracy with intent to distribute in excess of 50 grams of methamphetamine, in excess of 50 grams of cocaine base (“crack”), in excess of 500 grams of cocaine, and an amount of marijuana in violation of 21 U.S.C. § 846 and 841(a)(1) and (b)(1)(A). Anderson was sentenced to 120 months’ imprisonment, and Remble was sentenced to life imprisonment. Remble appeals his conviction on the grounds of alleged violations of his Fourth Amendment and due process rights, and appeals his sentence on the basis of the district court’s alleged misapplication of the United States Sentencing Guidelines (“U.S.S.G.” or “Guidelines”). Anderson appeals his sentence, arguing that the district court improperly sentenced him to the mandatory minimum of ten years for violating 21 U.S.C. § 846 and that he received ineffective assistance of counsel. For the reasons set forth below, we AFFIRM Remble’s conviction and Anderson’s sentence, but VACATE Rem-ble’s sentence and REMAND to the district court for resentencing.

I. BACKGROUND

The instant case arises from a large drug conspiracy, involving the transport of drugs from California into the Southern District of Ohio and the transport of drug proceeds from the Southern District of Ohio back to California. In 2000, Earl Owens (“Owens”) began traveling from California to Zanesville, Ohio, to sell crack cocaine. Later, Owens and his long-time friend, Clarence Remble (“Remble”), set up a joint operation in Ohio whereby Rem-ble would send powder cocaine from California to various cities in Ohio, where Owens would process the powder cocaine into crack for resale. Owens and Remble would then split the profits from the sale evenly.

*20 On October 31, 2003, law enforcement officers were made aware of the drug ring after employees at a Staples office-supply store in Zanesville became suspicious of a package being shipped via UPS by Owens. Given that UPS does not ship cash, suspicions were heightened when an employee opened the package to inspect it and discovered that it contained a large amount of cash. Employees called the Zanesville City Police, who then performed a “dog sniff.” The dog alerted to the scent of drugs. The police thereupon called the United States Postal Inspectors to take control of the package. On January 27, 2004, the Zanesville police once again intercepted a suspicious package mailed by Owens from Zanesville to California, containing large amounts of money bundled in black rubber bands. Law enforcement discovered that other packages and money orders had been sent by Owens and various members of the conspiracy from Zanesville to Remble, Maurnisha Cobene, Derrick Braggs, and Marquis Remble, at 469 West Raymond Street and 1402 West 163rd Street in Compton, California.

In November 2004, Remble began to supply his co-conspirator, John Wayne Jones, with crack, xanax, and methamphetamine. Jones was a known drug dealer in Middletown, Ohio. Thereafter, Remble sold crack and methamphetamine to other members of the conspiracy: Justin Lawson, John Cassanova, C.J. Roland Martin, John Woodward, and Adonia Hogsten for personal use and distribution in Middle-town, Ohio.

In December 2004, Remble approached co-conspirator Jamie Covington about traveling from California to Zanesville to sell crack. In January 2005, Covington traveled to Zanesville by bus where he met Owens and Remble’s cousin, Jeff Remble. Owens found Covington an apartment where he could distribute drugs and provided him with a half ounce of crack to sell. Two days after Covington arrived in Zanesville, Remble arrived at his apartment and inquired into the amount of money he was making selling drugs.

Another co-conspirator, Antwan Atkins, testified that he was living in Los Angeles, California when he agreed to travel to Zanesville by bus to sell drugs. Owens and Caesar Anderson picked him up from the bus station in Zanesville and took him to an apartment. The next day, Owens gave Atkins crack to sell. A month after Atkins’s arrival in Zanesville, Remble approached him and instructed him about selling drugs. During the conspiracy, Remble gave Atkins a half ounce of crack to sell.

Remble also recruited co-conspirator Caesar Anderson to travel from California to Ohio to sell drugs. In Ohio, Owens provided Anderson with a residence for the selling of drugs. Initially, Owens provided Anderson with one quarter ounce of crack cocaine to sell. Anderson lived in Ohio for approximately six weeks before returning to California.

On July 21, 2005, following the arrests of various members of the conspiracy on drug charges, a federal grand jury issued a sealed indictment against the members of the conspiracy, including Remble and Anderson. On July 5, 2006, a jury convicted Remble of conspiracy to possess with intent to distribute in excess of 50 grams of methamphetamine, in excess of 50 grams of cocaine base (“crack”), in excess of 500 grams of cocaine, and an amount of marijuana in violation of Title 21 U.S.C. §§ 846 and 841(a)(1) and (b)(1)(A). Remble was held responsible for 15 kilograms of crack distributed by Owens and approximately 1,116.38 grams of methamphetamine that he distributed to various members of the conspiracy. Remble also received a four-point en *21 hancement for his role as a leader in the conspiracy, and a two-point enhancement for obstruction of justice. Remble was also found to be a career offender. On January 18, 2007 the district court sentenced Remble to a term of life imprisonment.

Anderson pleaded guilty to conspiracy to possess with intent to distribute in excess of 50 grams of methamphetamine, in excess of 50 grams of crack, in excess of 500 grams of cocaine, and an amount of marijuana in violation of Title 21 U.S.C. § 846. On June 21, 2006, the district court sentenced Anderson to a term of 120 months’ imprisonment.

On appeal, Remble challenges his conviction, arguing that the district court erred in denying his motion to suppress evidence obtained as a result of a search warrant for his residence, and improperly admitted evidence depicting his children with drug proceeds, evidence of his past membership in gangs and threats made against a witness, which he alleges created an unfair prejudice against him. Remble also challenges the reasonableness of his life sentence. Anderson, likewise, challenges his sentence, arguing that the district court improperly sentenced him to the mandatory minimum of ten years for violating 21 U.S.C. § 846 and that he received ineffective assistance of counsel during sentencing.

II. ANALYSIS

A. Remble’s Conviction

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Bluebook (online)
333 F. App'x 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-anderson-ca6-2009.