United States v. Charles Crain and Tony Watkins

33 F.3d 480, 1994 U.S. App. LEXIS 25791, 1994 WL 508248
CourtCourt of Appeals for the Fifth Circuit
DecidedSeptember 19, 1994
Docket93-1331
StatusPublished
Cited by120 cases

This text of 33 F.3d 480 (United States v. Charles Crain and Tony Watkins) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth 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. Charles Crain and Tony Watkins, 33 F.3d 480, 1994 U.S. App. LEXIS 25791, 1994 WL 508248 (5th Cir. 1994).

Opinions

DeMOSS, Circuit Judge:

Defendant-appellants Charles Crain and Tony Watkins were convicted by a jury for conspiracy to possess and possession of cocaine base with the intent to distribute. We affirm Watkins’ convictions and sentence on both counts, and we affirm Crain’s conspiracy conviction. However, we reverse Cram’s possession conviction as not supported by sufficient evidence, and we vacate Crain’s sentence and remand his case to the trial court for resentencing.

FACTS

Because this case involves a challenge to the sufficiency of the evidence, the facts are stated here in detail. Watkins’ cousin, Carlos Woodward, testified at trial that on September 12, 1992, in Abilene, Texas, Watkins borrowed Woodward’s car to “go pick up his girlfriend.” Watkins gave his cousin $60 for the use of the car.

Defendant Crain’s cousin, Michael Thompson, was called to the stand at trial by Crain’s defense counsel. Thompson testified that on September 12, 1992, Thompson and Crain were at a friend’s house in Abilene, and Watkins showed up at about 1 p.m. and asked Crain if he wanted to go to Fort Worth with him. Crain agreed, and Thompson decided to come along, too. The three men, who had known each other all their fives, rode together in the borrowed car and arrived in Fort Worth at about 8 p.m. that evening. They went to the house of Watkins’ [482]*482girlfriend, Crystal, who was there along with “Buzzy,” her roommate. Crain, Thompson, Crystal and Buzzy played dominoes while Watkins made several phone calls. Soon thereafter, Antonio Harris and a person named “Chub” arrived at the house.1 Watkins, Harris and Chub went outside. After five or ten minutes, Watkins came back inside and said “Man, bull corn. They are tripping, man. Let’s go. Are you ready to go? Let’s go.” Watkins, Crain and Thompson left the house at about 9:30 or 10 p.m., and they went through the drive-through at Taco Bell before heading back to Abilene. They had spent only about two hours in Fort Worth. Crain was driving the car when they started back to Abilene. Watkins was in the front passenger seat, and Thompson rode in the back seat, sleeping part of the time.

Just after midnight on September 13,1992, Texas Department of Public Safety troopers Jimmy Willey and Steve Tone stopped the car after radar indicated a speed of 90 mph. According to Thompson’s testimony, as the car was being pulled over, the three men had a brief conversation. Thompson woke up when he heard Watkins say, “DPS officer.” At that point, the patrol ear was behind them with its lights flashing. As Crain began to pull over, he said, “The only thing we are going to get is a ticket for speeding.” Watkins said, “No, I got this. I got this dope.” Thompson said that until that point, he and Crain did not know that Watkins had any drugs with him. Either Crain or Thompson said to Watkins: “Man, that is yours. I don’t know nothing about it. You are going to have to deal with that.” As Crain was getting out of the car to talk to the officers, he said to Watkins, ‘Well, hide it or something.” While Crain was outside the car speaking with the DPS troopers, Watkins said to Thompson, “Mike, hide this,” and Thompson replied, “I ain’t hiding nothing, you got me bent. I ain’t gonna touch it. I ain’t messing with it.” Thompson testified that Watkins then reached over, hid the drugs “up under the seat” on the driver’s side, then “set back straight.”

DPS troopers Willey and Tone testified that after Crain got out of the car, Trooper Willey asked him to step to the rear of the vehicle and out of traffic. The other two men remained in the ear. The trooper asked Crain for his driver’s license and proof of insurance. Crain did not have a driver’s license with him, but he provided his name and date of birth. When asked about proof of insurance, Crain stated that the car was not his and indicated that the officer should talk to Watkins. The other trooper, Steve Tone, walked up to the front passenger window and asked Watkins for identification and the vehicle’s proof of insurance. Watkins supplied both items, obtaining the proof of insurance from the car’s glove compartment. At this point, Trooper Tone returned to the patrol car and began running a radio check on both Crain and Watkins, using Watkins’ identification and Crain’s name and birth date. Meanwhile, Trooper Willey asked Crain where he had been. Crain said that the three men had been in Fort Worth visiting a friend named Antonio Harris. While talking to Watkins about the insurance, Trooper Tone had separately asked Watkins where he had been. Watkins said that they had been to Fort Worth to attend an aunt’s funeral. After the radio checks were run on both Watkins and Crain, both troopers returned to the car and confronted Crain about the discrepancy in the stories.2 Trooper [483]*483Tone then went and opened the rear door of the ear, obtained identification from Thompson, the rear passenger, and asked both Watkins and Thompson if all three men had been to a funeral. Trooper Tone testified that Watkins and Thompson repeated the story that the three of them had been to Watkins’ aunt’s funeral in Fort Worth.3 Trooper Tone told them that Crain had said they had been visiting a friend, and that Crain didn’t know anything about a funeral. After a few seconds, the two responded that maybe Crain hadn’t gone to the funeral with them. During this time, the officers testified, all three men appeared “nervous.”

Trooper Tone then asked Crain for consent to “look inside the car,” and almost immediately thereafter, Trooper Willey also asked Crain for consent to search the ear.4 The officers did not tell Crain what they were looking for in the search, nor did they ask Crain any questions about possible drugs, weapons or other contraband. Trooper Tone testified at a pretrial suppression hearing that the officers sought consent to search the ear for three reasons: (1) the radio cheek showed that both Crain and Watkins had criminal histories, (2) all three men appeared nervous “like they were trying to hide something,” and (3) they had told differing stories about the reason they had gone to Fort Worth. In response to the officers’ request for consent to search, Crain hesitated a moment, then repeated that the car did not belong to him. One or both officers told Crain that, as the operator of the car, he could consent to the search. Crain then said something to the effect of “I don’t care,” “I don’t mind,” or “go ahead.” Although both troopers were aware that Watkins had borrowed the ear from a relative and that Watkins had supplied proof of insurance for the car, neither trooper asked Watkins for consent to search the ear. Crain was not given a consent form to sign, and he was not informed that he had a right to refuse consent.

Trooper Tone then told Watkins and Thompson to get out of the car because the officers were going to search the passenger compartment. Thompson testified that at that point he did not know that Crain had consented to the search. Watkins and Thompson got out of the car and went to stand at the rear of the car as instructed. Crain remained standing at the rear of the car, where he had been for about 30 minutes since the car was initially stopped. During the search, Trooper Tone found a brown paper bag lodged under the driver’s bucket seat, between the seat and the gearshift, underneath the rail by which the seat slides forward and back. The bag had been twisted and rolled up and was “sticking out” two to three inches from underneath the seat.

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Cite This Page — Counsel Stack

Bluebook (online)
33 F.3d 480, 1994 U.S. App. LEXIS 25791, 1994 WL 508248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-charles-crain-and-tony-watkins-ca5-1994.