United States v. Charles Lloyd Patterson

20 F.3d 809, 40 Fed. R. Serv. 616, 1994 U.S. App. LEXIS 4133, 1994 WL 68839
CourtCourt of Appeals for the Tenth Circuit
DecidedMarch 8, 1994
Docket92-1336
StatusPublished
Cited by41 cases

This text of 20 F.3d 809 (United States v. Charles Lloyd Patterson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth 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 Lloyd Patterson, 20 F.3d 809, 40 Fed. R. Serv. 616, 1994 U.S. App. LEXIS 4133, 1994 WL 68839 (10th Cir. 1994).

Opinion

BRORBY, Circuit Judge.

Charles Lloyd Patterson was convicted of five felony counts relating to aircraft piracy. Mr. Patterson appeals his jury conviction raising several claims of reversible error: (1) admission of evidence of another hijacking in violation of Fed.R.Evid. 404(b) and 608(b); (2) in-court identification where circumstances showed the identification was unreliable; (3) testimony of statements by the Defendant concerning a plan to rob a bank and murder two people and evidence of prior misdemeanor convictions improperly admitted to show motive and intent; (4) admission of specific bad acts constituting the basis for prior convictions and criminal charges; (5) the prosecution’s cross-examination of Mr. Patterson concerning his divorce, remarriage, his current wife’s criminal activities, and their connection to an investigation of threats to a presidential candidate; (6) failure to sever from the remaining counts a felon in possession of a firearm count; and (7) the prosecutor’s improper comments in closing argument. Finally Mr. Patterson contends the cumulative errors of the trial warrant reversal of his conviction.

BACKGROUND

Testimony and evidence presented during the trial detailed the following course of events. In June of 1992, Mr. Patterson telephoned Dakota Ridge Aviation, a flight school in Boulder, Colorado. He identified himself as Fred Ward and scheduled a flight lesson for that afternoon. In the phone call, he also asked about the type of airplanes available and the performance of each aircraft.

That afternoon, Mr. Patterson arrived at Dakota Ridge and introduced himself as Fred Ward. Ms. Beadling, the instructor pilot, had some preliminary discussions with Mr. Patterson before beginning the flight lesson. She identified Mr. Patterson as a forty to forty-five-year-old man with a mustache and wearing a tan, western style jacket.

In the beginning of the flight lesson Ms. Beadling operated the aircraft, a Piper Warrior II. Once in flight, Ms. Beadling relinquished the controls to Mr. Patterson and noted that he behaved as if he had flown before.

Mr. Patterson told Ms. Beadling he needed to fly to Tri-County Airport, a small uncontrolled airfield in Erie, Colorado, to pick up a package. Ms. Beadling landed the airplane, taxied the aircraft to the fixed base operation located at Tri-County Airport, and went inside looking for a package addressed to Fred Ward. Unable to find the package, she reentered the aircraft, performed the normal checks, and taxied the aircraft to the end of the runway. At this point, Mr. Patterson pulled out a pistol and told Ms. Beadling to get out of the airplane. She described the gun as a very small, silver pistol with a white handle. She asked Mr. Patterson how he was going to fly the aircraft. He told her he had experience flying and did not need her in the airplane. Ms. Beadling gathered her equipment and left the aircraft. She watched the aircraft take off and fly directly east. Then she ran back to the fixed base operation and called the police.

During the trial, several witnesses to the hijacking were called to testify. They all identified Mr. Patterson as the hijacker. Mr. Patterson’s fingerprints were found on the left yoke of the airplane, on the top right exterior of the aircraft above the door, and on some items inside the aircraft. When Mr. Patterson was arrested the police recovered several items from his hotel room: a small, silver .22 caliber pistol; a tan, western-style jacket; and Jepson aeronautical charts.

Mr. Patterson was indicted and convicted on five felony charges: (1) aircraft piracy, violating 49 U.S.C.App. § 1472(i); (2) interference with a flight crew member, violating 49 U.S.CApp. § 1472(j); (3) interstate transportation of a stolen aircraft, violating 18 U.S.C. § 2312; (4) possession of a firearm by *812 a convicted felon, violating 18 U.S.C. §§ 922(g) and 924(a); and (5) use of a firearm in relation to a crime of violence, violating 18 U.S.C. § 924(c)(1).

I. Evidence of Previous Hijacking

During rebuttal, the district court allowed testimony of an earlier hijacking in Arkansas. Mr. Patterson claims this evidence was ,not probative of identity, modus operandi, scheme, or plan. On appeal, we review a district court’s, decision to admit or exclude evidence under Rule 404(b) only for an abuse of discretion. United States v. Morgan, 936 F.2d 1561, 1571 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1190, 117 L.Ed.2d 431 (1992). If the district court did not make “a clear error of judgment or exceed[] the bounds of permissible choice in the circumstances,” we will not disturb the district court’s decision. United States v. Ortiz, 804 F.2d 1161, 1164 n. 2 (10th Cir.1986).

Evidence of the Arkansas hijacking revealed that two months before the hijacking in Colorado, Mr. Patterson was in Pine Bluff, Arkansas, on a five-day furlough from prison. He telephoned Berry Aviation of Pine Bluff to arrange for a charter flight from Pine Bluff to Little Rock, Arkansas. Arriving at Berry Aviation, he identified himself as Jim and met with pilot Phillip Taylor. Mr. Taylor testified Mr. Patterson was wearing a tan blazer, sunglasses, and cowboy boots.

Mr. Taylor sat in front of Mr. Patterson inside the aircraft. Approximately ten miles from Pine Bluff, Mr. Patterson told Mr. Taylor to take off his headset. Then Mr. Patterson pointed a pistol at Mr. Taylor’s head and took control of the aircraft. Mr. Taylor described the pistol as- a large caliber, semiautomatic weapon. Mr. Patterson told Mr. Taylor he needed to take the aircraft for about an hour. Mr. Patterson slid his seat forward and turned off the radio and the transponder. 1 Mr. Patterson then tied Mr. Taylor’s hands to his right leg and put a black cloth bag over Mr. Taylor’s head.

The Defendant unfastened Mr. Taylor’s seat belt and slid his chair back. Mr. Taylor testified he felt the Defendant was about to push him out of the plane. However, Mr. Patterson announced he was taking the aircraft to Carlisle Airport, a small uncontrolled airfield approximately twenty miles east of Little Rock, Arkansas. Mr. Patterson told Mr. Taylor he would not hurt him if he followed his instructions. As they approached the airport, Mr. Patterson asked Mr. Taylor about the performance capabilities of the aircraft, a Cessna 172. Mr. Patterson stated he was not very experienced in flying this type of aircraft and most of his experience was in flying Piper aircraft.

After landing the aircraft at Carlisle Airport, the Defendant took the bag off Mr. Taylor’s head, taxied to the far end of the airport, and ordered Mr. Taylor to get out of the aircraft with his gear.

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Bluebook (online)
20 F.3d 809, 40 Fed. R. Serv. 616, 1994 U.S. App. LEXIS 4133, 1994 WL 68839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-charles-lloyd-patterson-ca10-1994.