United States v. Astling

733 F.2d 1446, 15 Fed. R. Serv. 1781
CourtCourt of Appeals for the Eleventh Circuit
DecidedJune 7, 1984
DocketNos. 82-8503, 82-8559 and 82-8560
StatusPublished
Cited by41 cases

This text of 733 F.2d 1446 (United States v. Astling) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Astling, 733 F.2d 1446, 15 Fed. R. Serv. 1781 (11th Cir. 1984).

Opinion

TJOFLAT, Circuit Judge:

This case involves a scheme to import marijuana by air from Jamaica and to distribute it across the United States. The pilot in the scheme had been arrested as a result of a prior marijuana smuggling flight and was working as an informant for the Drug Enforcement Administration (DEA). After he flew in the load of marijuana at issue here, DEA agents rounded up appellants Carson, Thompson, Terry, and Tyson near the unloading site; they arrested appellants Astling, Grego, Uridel, and three others over the next two months. All were charged in a four-count indictment with one or more of the following offenses: conspiracy to import marijuana, in violation of 21 U.S.C. § 963 (1982); importing marijuana, in violation of 21 U.S.C. § 952 (1982); conspiracy to possess marijuana with intent to distribute, in violation of 21 U.S.C. § 846; and possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841 (1982). They were tried together before a jury. The seven appellants were convicted on one or more counts.1 In this appeal, appellants present among them a total of nine claims of error. We reject their claims and affirm.

I.

In October 1981, prior to the events alleged in the indictment in this case, Benjamin Rothwell and appellants Carson, Tyson, Thompson, and Uridel smuggled a load of marijuana into the United States from Colombia, South America, by air. Yerlin Seifkis piloted the plane; Rothwell was the co-pilot. The DEA learned of the smuggling and succeeded in identifying and arresting Seifkis and Rothwell. Following their arrest, Seifkis and Rothwell decided to cooperate with the DEA, and they were not prosecuted.

In January 1982 Carson contacted Roth-well in Little Rock, Arkansas and requested him to fly in another load of marijuana. Rothwell went to Carson’s Ft. Lauderdale, Florida home, and Carson told him about a plan that involved a marijuana source in Jamaica. While there, Carson introduced Rothwell to appellant Astling and instructed Rothwell to report to Astling in Ocala, Florida to make final arrangements for the flight.

Rothwell arrived in Ocala on February 3, 1982, and checked into a motel. DEA agents thereafter monitored Rothwell’s room by visual surveillance and by recording conversations through a “body bug” they had given Rothwell.

Astling visited Rothwell’s room that evening. The two men discussed a fuel problem they were facing; the plane they would use did not have enough fuel capacity to cover the round trip to Jamaica, and the drug source in Jamaica would not be able to provide any fuel. Accordingly, they needed to have the airplane modified, or “plumbed,” to carry additional fuel by installation of- a polyurethane “bladder” which could carry 250-300 gallons of fuel.

The next day, Thompson came to Roth-well’s motel room. Carson had previously told Rothwell that Thompson would try to arrange the necessary plumbing for the plane and would work on finding a landing site. Carson had also suggested that appellant Tyson, who was an auto mechanic, do the plumbing work, but Rothwell had rejected the idea because of the possibility that Tyson would not do the work properly.

To find a landing site, Thompson flew with Rothwell to Soperton, Georgia to meet Tyson. Tyson lived near the Soperton Airport and had suggested that they use either the Soperton Airport itself or some other private airstrips in the Soperton area.

Tyson met the men at the woods on the side of the runway and got into their plane. Tyson greeted Thompson and they turned to take off. A pickup truck with two occupants was blocking the way, however. Tyson got out of the plane and spoke with [1450]*1450them. Upon his return he told Rothwell and Thompson that the men in the truck were concerned about people using the airstrip to smuggle marijuana without paying them, but that he had them “straightened away.” Then, a police car drove up. Tyson got out again, saying that he knew the man inside, the Sheriff, and not to worry about him. After a short conversation with the Sheriff, Tyson got back into the airplane and said, “Don’t worry about him, he’s cool.” The three men then took off.

Tyson pointed out other possible landing sites, one near Wrightsville, Georgia and two near Kite, Georgia. After deciding that the Soperton Airport was the only truly feasible site because the plane was large and the other strips were too muddy to land on, the men returned to Soperton Airport. On the way they discussed the possibility of the owner of one of the airstrips near Kite providing extra fuel for the trip. They also made arrangements for Rothwell to use radio frequency 122.7 when he flew in to Soperton that Saturday, so that Tyson could monitor that frequency. They let Tyson out at Soperton and returned to Ocala.

That evening, Thompson, Astling, and appellant Grego met with Rothwell in his room. Thompson reported that he had checked with Tyson again to be sure that nobody at the Soperton Airport would cause problems about landing the plane there. Astling introduced Grego to Roth-well as his full partner; Grego would speak for Astling and vice versa. Grego gave Rothwell directions to the airstrip in Jamaica where he would pick up the marijuana. The four men discussed again the problem of plumbing the plane for extra fuel.

On the morning of Friday, February 5, Astling, Grego, and Rothwell met for breakfast at Rothwell’s motel. Grego repeated the directions to the airstrip in Jamaica and told Rothwell what he could expect to happen on the ground in Jamaica. Rothwell then went to Leesburg, Florida to see whether appellant Uridel could plumb the airplane. Rothwell and Uridel discussed the flight to Jamaica, the appropriate fuel mixture and the plumbing work, and agreed on a price. Uridel, who had known Rothwell and Carson from the October 1981 marijuana flight, discussed the purpose of the flight and the new participants, Astling and Grego. On the afternoon of February 5, Uridel and Rothwell flew to Lakeland, Florida to get the necessary parts to plumb the airplane.

On Sunday, February 7, Astling and Rothwell drove south of Ocala to check out one other possible landing site on a farm. Afterwards, Astling gave Rothwell money to pay Uridel. On Monday, February 8, as prearranged, Uridel installed the bladder and fueled the plane. On Monday night, Carson came by Rothwell’s room to check the entire plan, including the landing at Soperton airport. Rothwell gave Carson a description of his airplane and the identification number painted on the plane. Carson told Rothwell he could expect to see Thompson, Tyson and codefendant Offuit (acquitted at trial) at the Soperton Airport when he arrived.

On Tuesday morning, Uridel picked up Rothwell at his hotel room and drove him to the aircraft. Rothwell flew to Jamaica, picked up the marijuana, and returned. Customs officers intercepted his flight and followed him to Orlando, where he refueled. Then they followed him to Statesboro, Georgia where he met DEA agents who removed a couple of bales of marijuana from the aircraft and placed a tracking device in one of the bales still aboard.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

PARKER v. WALTON
M.D. Georgia, 2024
UNDERWOOD v. SCARBROUGH
M.D. Georgia, 2023
ROBBINS v. ROBERTSON
M.D. Georgia, 2022
United States v. Lourdes Margarita Garcia
906 F.3d 1255 (Eleventh Circuit, 2018)
United States v. Lorenzo D. Hood
685 F. App'x 705 (Eleventh Circuit, 2017)
Larry Craft v. Hether Olszewski
428 F. App'x 919 (Eleventh Circuit, 2011)
United States v. Randy Nowak
370 F. App'x 39 (Eleventh Circuit, 2010)
Shirley Dahl v. Jim Holley
312 F.3d 1228 (Eleventh Circuit, 2002)
State v. Richards
1998 SD 128 (South Dakota Supreme Court, 1998)
Seeley v. State
940 P.2d 604 (Washington Supreme Court, 1997)
Randolph v. Commonwealth
482 S.E.2d 101 (Court of Appeals of Virginia, 1997)
United States v. Raymond Brann Allison
953 F.2d 1346 (Eleventh Circuit, 1992)
United States v. Garate-Vergara
942 F.2d 1543 (Eleventh Circuit, 1991)
United States v. Rafael S. Pena, Gary W. Chitty
897 F.2d 1075 (Eleventh Circuit, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
733 F.2d 1446, 15 Fed. R. Serv. 1781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-astling-ca11-1984.