United States v. Brown

54 F. App'x 201
Court of Appeals for the Sixth Circuit·Decided December 26, 2002·No. Nos. 01-5139, 01-5205, 01-5206·Published·Cited by 4 cases

Opinion

COHN, District Judge.

This is a criminal case. Defendants-Appellants Michael Brown (Brown). Marcus Boyd, and Calvin Boyd appeal from their separate jury convictions on various drug conspiracy and firearm-related offenses described below. Brown presents three issues on appeal — whether the evidence was sufficient to support his conviction, whether the district court committed trial errors, and whether the district judge should have recused herself from the case. Marcus Boyd and Calvin Boyd both argue that the evidence was insufficient to support their convictions. For the reasons set forth below, we find no reversible error and therefore AFFIRM the defendants’ convictions.

I. Background

A.

Defendants’ separate convictions stem from a widespread drag conspiracy which also involved the murder of two persons. The evidence at each of the trials was established largely by the testimony of the following persons, some of whom had prior felony convictions and who agreed to testify for the government.1 Wynterenee Moultry of the Memphis Police Department (uniform patrol), Danny James of the Memphis Police Department (crime scene), Thomas Deering (medical examiner), Terry Arney of the Tennessee Bureau of Investigation (firearms expert), Jackie Arnold, Roderick Kelley, Tyrone Crane, Franchesca Tyler, Antonio Bogard, Lanail Allen, Robert Taylor, and Jason Coleman. Mthough the defendants were separately tried, substantially the same evidence was presented at each of the trials, except as specifically noted.

On March 13, 1999, a Memphis police officer received a call of shots fired at the parking lot of a body shop in Memphis, Tennessee. The officer responded and found two persons dead at the scene, apparently having been shot several times. The officer was given a description to be on the lookout for two African-American men, one of whom might be dressed in black. The officer saw two persons at the scene who fit this description. When the officer approached them, they fled. The officer eventually caught one of the men, who was later identified as Brown. The [204]*204officer found a nine millimeter pistol on Brown. Ballistic tests determined that two firearms had been used in the shooting. Several bullets, bullet fragments, and shell casings recovered at the scene matched Brown’s pistol. The victims were identified as Sid Towns and Omar Stokes.

The evidence at trial showed that Towns and Stokes were killed because they lost money given to them by Marcus Boyd for a drug deal that they were to have completed in Houston. Texas. A summary of some of the witnesses’ testimony follows.

Jackie Arnold, who pled guilty to a drug offense under a Rule 11 agreement and had prior felony convictions, testified that he was a source of marijuana for Marcus Boyd when he was a student at Tennessee State University. He testified that Marcus Boyd obtained 50 pounds of marijuana almost daily and that later the amount increased to 100 pounds several times a week. Arnold also testified that he supplied Marcus Boyd with cocaine and that Marcus Boyd would convert the cocaine to crack. Arnold estimated that he supplied Marcus Boyd with 2,000 pounds of marijuana and in excess of 50 kilograms of cocaine between September 1997 and September 1998. Arnold testified that his source of the drugs was an individual named Roderick Kelley. Arnold further testified that he supplied Marcus Boyd until Marcus Boyd began dealing directly with Kelley after September 1998.

Roderick Kelley, also a convicted felon who cooperated with the government, testified that he was the source for Arnold, and later for Marcus Boyd. Starting in September 1998, Kelley supplied Marcus Boyd with marijuana and cocaine. From September 1998 to December 1998, Kelley supplied Marcus Boyd with more than 20 kilograms of cocaine and several hundred pounds of marijuana. At Brown’s trial, Kelley testified that Brown was present for one of the marijuana deliveries.

Tyrone Crane, who pled guilty to a drug offense under a Rule 11 agreement, testified that he worked with Marcus Boyd and Michael Brown to acquire and distribute marijuana and cocaine. He testified that he picked up marijuana with Marcus Boyd on several occasions and also picked up cocaine and was present when the cocaine was converted to crack. Crane also named Steve Skinner and Carlos Wardlow as involved in the same activities.

Franchesca Tyler, Towns’ fiancee, testified that Marcus Boyd delivered $53,700.00 to Towns before Towns left for Houston.

Antonio Bogard testified that he traveled with Towns and Stokes to Houston but did not know the purpose of the trip. He also testified that when Towns lost the money, Bogard went back to Memphis.

Lanail Allen testified that he lives in Houston and is in the music industry. He testified that Stokes owed him $15,000.00 for producing two music tracks for him in 1999. He also testified that Stokes called him asking where he could buy some cocaine. Allen told Stokes he knew a buyer but did so only to get his money from Stokes. He admitted to taking $51,000.00 from Stokes in Houston.

Robert Taylor testified that he had stolen a white Chrysler Sebring with another person and that Marcus Boyd agreed to buy it from them. He also testified that Brown was with Marcus Boyd when he bought the car.

Jason Coleman was a student at Tennessee State University and friend of Marcus Boyd. He testified at Brown’s and Marcus Boyd’s trials. Coleman apparently drove the getaway car for the murderers but was not charged in the case. He testified that while he was sleeping. Marcus Boyd woke him up and told him to drop Brown and [205]*205Calvin Boyd off at the body shop, because he was owed money by the victims. He testified that he did not see the shootings but that all of the defendants were present at the scene and that he fled the scene when he heard the shooting. He also testified in Brown’s trial that after he fled, he was picked up by Wardlow’s girlfriend and taken to Marcus Boyd’s house where Marcus Boyd, Skinner and Wardlow were present. Calvin Boyd later arrived and said that the police had arrested Brown. Some of the conspirators then discussed possible alibis; Marcus Boyd said he would say he was with his sister at the time.

Carlos Wardlow pled guilty to the murders of Towns and Stokes under a Rule 11 agreement. He testified at Michael Brown’s trial that he dealt drugs with Marcus Boyd and also implicated Marcus Boyd in the murders. Wardlow testified that Marcus Boyd told him that Stokes stole money from him and that Stokes and Towns had to be killed. They then rounded up Skinner, Calvin Boyd, and Michael Brown, who met the victims at the body shop. Wardlow testified that Calvin Boyd actually killed Towns and Stokes.

Wardlow’s girlfriend, Latoya Duckett, verified Coleman’s version of the events. She also testified at Michael Brown’s trial that Calvin Boyd talked about how many times he shot the victims.

Anthony Carniglia, an inmate serving time on unrelated charges and under no agreement with the government, testified at Marcus Boyd’s trial that he was in a cell next to Skinner. He testified that Skinner said he was the one who ordered the “hit” on Stokes and Towns.

After being arrested and given Miranda warnings, Brown told police about his role in the conspiracy and in the murders. Brown told police that Marcus Boyd gave $150,000 to Stokes and Towns to buy cocaine but that they went to Texas and were robbed and lost the money.

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United States v. Brown, 54 F. App'x 201 (6th Cir. 2002).

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