United States v. Bryan

843 F.2d 1339, 1988 WL 33489
CourtCourt of Appeals for the Eleventh Circuit
DecidedMay 3, 1988
DocketNos. 87-8174, 87-8189 and 87-8232
StatusPublished
Cited by9 cases

This text of 843 F.2d 1339 (United States v. Bryan) 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. Bryan, 843 F.2d 1339, 1988 WL 33489 (11th Cir. 1988).

Opinion

EDMONDSON, Circuit Judge:

Defendants-appellants Ronald Ferguson, David Pelchat, David Snoddy, Donald Gil-breth, and William Bryan were convicted of various crimes based upon their participation in a series of drug smuggling operations. We affirm each of the convictions; but we write about only Ferguson’s and Pelchat’s challenge to the district court’s denial of their motions for severance.

Ferguson and Pelchat were indicted in a multicount indictment involving many named defendants. Ferguson and Pelchat were charged in just two counts of the indictment: Count XI — conspiracy to import cocaine, 21 U.S.C. sec. 952; Count XII — conspiracy to possess with intent to distribute cocaine, 21 U.S.C. sec. 846. The indictment charged other persons with other offenses, including violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. secs. 1962(d) and 1962(c).

Before trial, Ferguson and Pelchat filed motions pursuant to Fed.Rule Crim.Proc. 14, seeking a severance, that is, a separate trial, from their thirty-eight co-defendants. A partial severance was granted. Ferguson and Pelchat would be tried with three others: Snoddy, Gilbreth and Bryan. The three others had also been charged with conspiracy in Count XI; but otherwise the three defendants faced other charges, including participation in an overarching RICO conspiracy. At trial, Ferguson and Pelchat orally moved for a further severance. During this motion Fed.Rules Crim. Proc. 14 and 8(b) were mentioned. The district court denied this oral motion.

The evidence at trial showed a series of cocaine smuggling operations. The evidence revealed that in 1982 Pelchat and Ferguson took part with others in transporting by aircraft about 127 kilograms of cocaine into the United States. In addition, the evidence disclosed that some of the persons who had associated with Pelchat and Ferguson in 1982 also smuggled cocaine into the United States on two later occasions, using about the same methods as used in 1982.

Ferguson and Pelchat claim that they received a “prejudicial” trial by being tried with defendants Snoddy, Gilbreth, and Bryan. Briefly stated, Ferguson and Pelchat contend that evidence was introduced which was completely unrelated to them and that this evidence was unfairly damaging to them. This argument is based on Fed.Rule Crim.Proc. 14.

Rule 14, in pertinent part, provides as follows:

If it appears that a defendant ... is prejudiced by a joinder of offénses or of [1341]*1341defendants in an indictment or information or by such joinder for trial together, the court may order an election or separate trials of counts, grant a severance of defendants or provide whatever other relief justice requires.

Id. We have noted that “the grant or denial of a Rule 14 motion lies within the sound discretion of the trial court and is reversible only for abuse of discretion.” United States v. Andrews, 765 F.2d 1491, 1498 (11th Cir.1985) (emphasis added), cert. denied sub nom. Royster v. United States, 474 U.S. 1064, 106 S.Ct. 815, 88 L.Ed.2d 789 (1986). Furthermore, “[t]o demonstrate that a trial court abused its discretion in denying a motion for severance, a party must show that he ‘suffered compelling prejudice against which the trial court was unable to afford protection.’ ” Id. (emphasis added).

Under the circumstances, the district court did not abuse its discretion; Ferguson and Pelchat have failed to demonstrate “compelling prejudice.” First, the trial lasted only eight days, and it involved only five co-defendants (including Ferguson and Pelchat). Second, the Government’s testimony and evidence targeted one, relatively uncomplicated series of cocaine smuggling ventures. Cf. United States v. Castro, 829 F.2d 1038, 1044-46 (11th Cir.1987) (six co-defendants “were tried jointly in a jury trial that lasted over six months”; portion of the trial concerning defendant-appellant Jose Luis Castro “consumed only 10 trial days”; indictment and proof adduced at trial targeted two, not one, complicated, commercial conspiracies), modified on other grounds, 837 F.2d 441 (11th Cir.1988). The jury reasonably could keep track of the evidence as it pertained to each defendant. See United States v. Meester, 762 F.2d 867, 883 (11th Cir.) (to demonstrate “compelling prejudice”, defendant-appellant must show “the jury’s inability to separately appraise the evidence as to each defendant”), cert. denied sub nom. Sawyer v. United States, 474 U.S. 1024, 106 S.Ct. 579, 88 L.Ed.2d 562 (1985). Thus, there was relatively little potential for jury confusion resulting from evidentiary “spillover” or “guilt by association.” See id.

Third, the district court properly acted to guide the jury’s consideration of the evidence. Prior to trial, the court severed appellants’ (Ferguson, Pelchat, Snoddy, Gil-breth, and Bryan) trial from the trial of numerous other co-defendants charged in the indictment. On at least two occasions at trial, the court gave contemporaneous limiting instructions to the jury.1 See United States v. Peaden, 727 F.2d 1493, 1498 (11th Cir.) (discussing district court’s discretion to give limiting instructions; noting that “[djeterminations of the admissibility of evidence rest largely within the discretion of the trial judge.”), cert. denied, 469 U.S. 857, 105 S.Ct. 185, 83 L.Ed.2d 118 (1984). Furthermore, in its closing instructions to the jury, the court carefully explained each count in the indictment; and the court specified what the Government must prove to obtain a conviction against each co-defendant. Twice during these instructions the court cautioned as follows:

Of course, mere presence at the scene of the alleged transaction or event, or mere similarity of conduct among various persons and the fact that they may have associated with each other and may have assembled together and discussed common aims and interests does not necessarily establish proof of the existence of a conspiracy. Also, a person who has no knowledge of a conspiracy but who happens to act in such a way which advances some object or purpose of the conspiracy does not thereby become a member.

Fourth, substantial evidence implicated Ferguson and Pelchat in the cocaine smuggling activities charged against them in the indictment. Direct testimony and evidence [1342]*1342connected them to the 1982 drug smuggling venture. In light of the circumstances surrounding this joint trial, Ferguson and Pelchat have failed to demonstrate prejudicial joinder under Rule 14.

Next, we discuss briefly the applicability of Fed.Rule Crim.Proc.

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843 F.2d 1339, 1988 WL 33489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bryan-ca11-1988.