United States v. Carl Blair

493 F. App'x 38
CourtCourt of Appeals for the Eleventh Circuit
DecidedOctober 24, 2012
Docket10-13161, 10-13383, 10-13397
StatusUnpublished

This text of 493 F. App'x 38 (United States v. Carl Blair) 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. Carl Blair, 493 F. App'x 38 (11th Cir. 2012).

Opinions

PER CURIAM:

Defendants George Augustus, Carl Blair, and Deneil Tenashel Campbell appeal their convictions for (1) conspiring to possess with intent to distribute cocaine and (2) carrying a firearm during and in relation to, and possessing a firearm in furtherance of, a drug-trafficking offense. After review and oral argument, we affirm.

I. BACKGROUND

The defendants’ convictions stem from an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) that was nicknamed the “Blair Chopper Project.” The ATF commenced the investigation in June 2008, after learning that Defendant Blair was selling drugs and firearms. ATF Special Agents Brian Neal and Richard Zayas purported to be partners in a firearms- and drug-trafficking organization, while Agent Chad Horst posed as Agent Neal’s nephew, who worked for the organization.

That September, 2008, Defendants Augustus, Blair, and Campbell, along with a fourth co-defendant named Antonio McClain, were arrested and subsequently charged by superseding indictment with conspiring to possess with intent to distribute five kilograms or more of cocaine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A) and 846 (Count 1), and carrying a firearm during and in relation to, and possessing a firearm in furtherance of, the § 846 violation, in violation of 18 U.S.C. §§ 924(c)(1) and 2 (Count 2). In Counts 3 through 7, Defendant Blair was charged with distributing and possessing with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(D) (Count 3), and possessing a firearm and ammunition as an illegal alien on four separate occasions, in violation of 18 U.S.C. §§ 922(g)(5) and 924(a)(2) (Counts 4 through 7). Defendant Blair pled guilty to Counts 3 through 7.

On February 8, 2010, the trial began as to all defendants on Counts 1 and 2. The jury convicted Defendants Augustus, Blair, and Campbell, but acquitted McClain. We recount the trial evidence, which included testimony by ATF agents and recorded conversations between the agents and the defendants.

A. Commencement of the ATF Investigation

The ATF initially interacted with Defendant Blair on June 10, 2008, when a confidential informant introduced undercover ATF Agent Horst to Blair. Agent Horst had planned to purchase a firearm from Blair. The sale, however, did not take place that day because Blair was unable to obtain a firearm. Agent Horst and Blair agreed to meet another day to complete the sale. At Blair’s request, Horst gave Blair his telephone number.

From June 11 to June 25, Agent Horst and Defendant Blair spoke numerous times and exchanged text messages about Blair selling firearms and drugs to Horst. On June 25, 2008, Blair met with Agent Horst and undercover ATF Agents Neal and Zayas, and sold them 446.6 grams of [42]*42marijuana. Blair and the agents also discussed future drug and firearm transactions.

After the meeting ended, Blair told Agent Horst that he would contact his supplier to obtain cocaine for Horst to purchase. In earlier conversations, Blair had mentioned that he owned a car-detailing business. Blair now stated that he could steal his customers’ cars to make money and could also break into his customers’ homes and steal any firearms found inside.

The following day, June 26, 2008, ATF agents observed Defendant Blair meet Defendant Augustus. Later that day, Blair met with Agents Horst and Neal and sold them a firearm for $500.1 Blair and the two agents also discussed future drug and firearm transactions.

Over the next few days, Defendant Blah* and Agent Horst conversed over the telephone. On June 30, 2008, Blair met again with Agents Horst and Neal, and sold two firearms to them for $1200, plus a $60 broker fee. Blair mentioned that he had an automatic machine gun available for $1500.

On July 15, 2008, Defendant Blair met Agents Horst and Neal to sell the machine gun. Blair, however, produced a different firearm, which had a lower street value than the machine gun. To make up the difference, Blair agreed to supply drugs or another firearm.

B. Initial Discussion of the Stash House Robbery

On July 28, 2008, Blair fulfilled his earlier promise by giving Agents Neal and Zayas a semi-automatic handgun. During the meeting, Agent Zayas complained about “this guy” who had not paid for drugs that Zayas had supplied. Blair asked whether Agent Zayas wanted to “kill” him, but Zayas stated he wanted only to blow up his car.

Agent Zayas then asked whether Blair knew anyone who could provide him with an explosive. Blair responded that an explosive was not necessary because he had “goons” who could beat the man up. After Agent Zayas repeated his interest in only the explosive, Blair called one of his “goons,” who told him that he would not be able to secure an explosive.

Nonetheless, Blair told Agent Zayas, “Yeah, me and him go take care of it ‘cause I like shit like that, mask on[,] put my suit on, do what I gotta do.”. Blair added that his goon would want $1000 for the job and that they could “kill him too.” Agent Zayas explained that he did not want his buyer dead because that would make it impossible to obtain payment.

Instead, Agent Zayas suggested “jackfingj” the buyer, which he later testified was a street word for committing a robbery. Blair asked how much money the buyer had, and Agent Zayas stated that the buyer had a lot of “dope” — 30 to 40 kilograms of cocaine — in a house. Blair asked if the agents wanted Blair and his goons to get the cocaine, but Agent Zayas stated he needed to think about the offer. Agent Zayas testified that he wanted to reassess the situation. When Agent Zayas expressed doubt over whether Blair and his “guys” knew what they were doing, Blair reassured him that they were “killers” and that he would arm himself with an SKS rifle equipped with a dagger.

As the agents departed, Blair asked them to let him know about their plans [43]*43because he needed money to pay a debt owed for a marijuana purchase. Later that day, Agent Zayas called Blair and confirmed that he wanted Blair and his goons to rob the stash house. Agent Za-yas explained that he would order .5 to .75 kilogram of cocaine from his contact at the stash house and then would give Blair the address. Agent Zayas emphasized that it would be a difficult robbery because at least three people would be at the stash house with firearms. Blair also asked if there would be money in addition to the cocaine, but Agent Zayas told him that he could not guarantee it. Blair stated that although he might not participate in the actual robbery, he would have some of his goons do it. Agent Zayas and Blair agreed to meet the next day.

C. Planning of the Stash House Robbery

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Bluebook (online)
493 F. App'x 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-carl-blair-ca11-2012.