United States v. Carroll

6 F.3d 735, 1993 WL 428248
CourtCourt of Appeals for the Eleventh Circuit
DecidedNovember 9, 1993
DocketNos. 91-3079, 91-3188
StatusPublished
Cited by83 cases

This text of 6 F.3d 735 (United States v. Carroll) 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. Carroll, 6 F.3d 735, 1993 WL 428248 (11th Cir. 1993).

Opinions

CARNES, Circuit Judge:

This case involves convictions arising out of a conspiracy to manufacture and possess with intent to distribute methamphetamine. A jury convicted the defendants on various counts of a multicount indictment. The Government has appealed from the district court’s entry of a judgment of acquittal on the conspiracy conviction of one defendant and the court’s imposition of sentence for all the defendants, and the defendants have cross-appealed their convictions and sentences.1 Of the many issues raised in the appeal and cross-appeals, we find that only three, all sentencing issues, warrant discussion. For reasons we will explain, we reverse the district court’s decision to credit Dorlis Spiker, Michael Spiker, and Thomas Spiker with reductions for acceptance of responsibility; we affirm the court’s determination of the drug quantity involved in this conspiracy for purposes of sentencing; and we reverse the court’s determination that “Pure Methamphetamine” as used in the Sentencing Guidelines refers only to D-methamphetamine. In all other respects, the convictions and sentences are due to be affirmed.

I. BACKGROUND

In November 1989, representatives of the Eastman Kodak Company (“Kodak”) notified the Drug Enforcement Agency (“DEA”) that Kodak had received a suspicious order for chemicals from a company called “All American Labs” in Winter Haven, Florida. An investigation revealed that there was no such company at the address listed on the purchase order presented to Kodak; rather, at that location was a store called “Spiker’s All American 4 x 4,” which sold automotive parts and accessories. Michael Spiker, Larry Jes-see, and Larry Joe Carroll all worked at the store, Spiker as manager.

The DEA began an investigation of “Spik-er’s All American 4 x 4,” which included surveillance of the store and of three different [738]*738deliveries of chemicals by Kodak to “All American Labs” at the address of “Spiker’s All American 4x4” from November 1989 to May 1990. These orders were placed under a false name, using purchase order forms from “Spiker’s All American 4x4” that had been altered to read “All American Labs.” The chemicals ordered by the bogus “All American Labs” included phenylacetic acid, acetic anhydride, and sodium acetate, which when properly combined create phenylace-tone, or “P-2-P,” a Schedule II controlled substance and an immediate precursor to methamphetamine. See 21 C.F.R. § 1308.-12(g)(l)(i). The DEA’s investigation and surveillance of the defendants included court-ordered electronic tracking devices placed in the drums of chemicals delivered by Kodak, and both still and video photography. At trial, the Government introduced photographic evidence of Michael Spiker, Larry Joe Carroll, and Larry Jessee unloading and loading the chemicals. The altered purchase orders instructed that deliveries were to be made to the attention of “Michael/Larry.” The Government introduced evidence to show that these chemicals were not part of the retail business conducted by “Spiker’s All American 4 x 4,” were not typical of the deliveries received at the store, and once received were placed in a storage shed at the rear of the store which was not used for store inventory. In addition, the Government’s evidence showed that Thomas Spiker, who was not an employee of the store at the'time, was allowed to remove the chemicals from the store soon after their delivery. Furthermore, the evidence established that Thomas Spiker and Dorlis Spiker recruited John Booth to be their “cook,” or “chemist,” and to help them in the manufacture of methamphetamine with the chemicals that had been ordered and delivered.2 Booth helped Thomas Spiker determine which chemicals to order and in what quantities to order them. Booth set up a clandestine laboratory in a trailer in a remote area and, using the chemicals provided by Thomas Spiker, produced approximately 31 grams of DL-methamphetamine.

On May 24, 1990, Thomas and Dorlis Spik-er were followed by DEA agents to Booth’s home, where Booth delivered to them approximately 28 grams of the methamphetamine he had produced. Thomas and Dorlis Spiker were arrested upon leaving Booth’s home, and the methamphetamine was found in Dorlis’s purse. Booth was arrested in his home later that evening, and a search of his home, pursuant to a warrant, led to the seizure of several drums of chemicals, including one in which the DEA had placed a tracking device prior to its delivery by Kodak. The following day, the DEA searched a mobile home where Thomas Spiker had previously stored the chemicals and recovered business cards printed with “All American Labs” and the “Spiker’s All American 4 x 4” address; copies of purchase order forms sent to Kodak; a laboratory products catalog with Thomas Spiker’s handwriting on the front; and a list of chemicals needed for the manufacture of methamphetamine written by John Booth.

The DEA’s investigation led to a seven-count indictment charging the defendants and others who are not parties to this appeal with conspiring to manufacture and possess with intent to distribute 100 grams or more of methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 846, and other crimes.3

II. DISCUSSION

A. Reduction for Acceptance of Responsibility

The Government has appealed the district court’s action at sentencing in credit[739]*739ing Thomas Spiker, Michael Spiker, and Dor-lis Spiker each with a reduction of their offense levels for acceptance of responsibility, under U.S.S.G. § 3El.l(a). That Guidelines section provides that a defendant who “clearly demonstrates a recognition and affirmative acceptance of personal responsibility for his criminal conduct” may receive a two-level decrease in his offense level. U.S.S.G. § 3El.l(a) (November 1, 1990).4 We review the district court’s determination under § 3E1.1(a) for clear error. United States v. Query, 928 F.2d 383, 386 (11th Cir.1991). We have stated numerous times that “[t]he district court is in a unique position to evaluate whether a defendant has accepted responsibility for his acts, and this determination is entitled to great deference on review.” United States v. Pritchett, 908 F.2d 816, 824 (11th Cir.1990). Nonetheless, in this case we conclude that the district ’court’s determination that these defendants had clearly demonstrated acceptance of responsibility for their crimes is without foundation and, therefore, must be reversed. See United States v. Marin, 916 F.2d 1536, 1538 (11th Cir.1990) (district court’s § 3E1.1 determination not disturbed unless without foundation).

1. The Reductions for Thomas and Michael Spiker

At sentencing, the district court explained its two-point acceptance of responsibility reductions for both Thomas Spiker and Michael Spiker in the same way, stating:

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

Related

United States v. Brittany Smith
Eleventh Circuit, 2024
United States v. Joshua Roberts
Eleventh Circuit, 2023
(PC) Beltran v. Guerra
E.D. California, 2021
United States v. Henry Vazquez Valois
915 F.3d 717 (Eleventh Circuit, 2019)
United States v. Sonny Austin Ramdeo
682 F. App'x 751 (Eleventh Circuit, 2017)
United States v. Nemias Cintora-Gonzalez
569 F. App'x 849 (Eleventh Circuit, 2014)
Quang Van Nguyen v. United States
564 F. App'x 992 (Eleventh Circuit, 2014)
United States v. Pierre Andre Cover
491 F. App'x 87 (Eleventh Circuit, 2012)
United States v. Jason Christopher Walker
479 F. App'x 329 (Eleventh Circuit, 2012)
United States v. Edmund Botha
470 F. App'x 575 (Ninth Circuit, 2012)
United States v. Julian Ortuna-Herrera
397 F. App'x 535 (Eleventh Circuit, 2010)
United States v. Lozano
514 F.3d 1130 (Tenth Circuit, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
6 F.3d 735, 1993 WL 428248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-carroll-ca11-1993.