United States v. Cooney

26 F. App'x 513
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 22, 2002
DocketNos. 00-5441, 00-5447
StatusPublished
Cited by25 cases

This text of 26 F. App'x 513 (United States v. Cooney) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Cooney, 26 F. App'x 513 (6th Cir. 2002).

Opinion

GWIN, District Judge.

Appellants Patricia Cooney and Samuel Boswell were convicted for their involvement in a conspiracy to possess and distribute cocaine and launder money. With these appeals, consolidated 'for the purposes of decision, the Court decides if the district court properly denied the defendants’ motions to suppress evidence, motions for mistrial, and motions for judgment of acquittal. The Court must also decide if the district court correctly applied the federal sentencing guidelines when calculating the defendants’ sentences.

Regarding Defendants Boswell and Cooney’s motions to suppress evidence, they say Cooney did not voluntarily consent to the search of their house because she requested an attorney before later giving police officers consent to search the house. In addition, Defendant Cooney filed a motion to suppress the evidence obtained from a wiretap. She says the police did not attempt more traditional investigative methods before tapping the phones. The district court adopted the magistrate judge’s recommendation to deny the motions to suppress.

[517]*517With regard to the defendants’ argument that mistrial should have been given, the defendants challenge certain testimony from witness William Bentley. Bentley testified on how he met Defendant Cooney. Defendants Cooney and Boswell say Bentley’s testimony impermissibly interjected character evidence under Fed.R.Evid. 404(b). The district court allowed Bentley to testify about the conspiracy and his general relationship with Cooney. The defendants motioned for a mistrial after the prosecutor allegedly solicited testimony from Bentley that violated the district court’s order. The district court denied the motion for mistrial.

After conviction, the defendants filed motions for judgment of acquittal. Defendants Boswell and Cooney say the government offered insufficient evidence to establish the elements of the drug charges because the government relied on the testimony of several convicted co-defendants who testified as part of plea agreements. With respect to the money laundering charges, Defendant Cooney says the government had insufficient proof she attempted to conceal or disguise the money she received for selling drugs. The district court denied the defendants’ motions for acquittal.

With respect to their sentences, the defendants say the district court erred under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), when it sentenced the defendants by reference to the amount of cocaine never determined by the jury. The defendants also say the district court erred because there was insufficient evidence to assess a four level enhancement to each defendant as a leader or organizer under U.S. Sentencing Guideline (“U.S.S.G.”) § 3B1.1(b).

Finally, Defendant Cooney says the district court erred in assessing a two level enhancement for obstruction of justice under U.S.S.G. § 3C1.1 after finding she testified untruthfully. Cooney says such an enhancement has a chilling affect on a defendant’s right to testify. In addition, Cooney says the district court did not enhance Defendant Boswell’s sentence even though he also denied involvement in the drug conspiracy.

We find the district court properly denied the defendants’ motions to suppress, motions for mistrial, and motions for judgment of acquittal. We also find the district court properly assessed sentence enhancements for the defendants’ being leaders and organizers and for obstructing justice. However, we find the district court erred when sentencing Cooney to life imprisonment because the sentence exceeded the statutory maximum. For the reasons set forth below, we partially AFFIRM the judgment of the district court. We VACATE Defendant Cooney’s sentence and REMAND her case for resentencing.

I.

From the fall of 1995, until November 1997, Defendants Cooney and Boswell controlled and directed the transportation of approximately 1,000 kilograms of cocaine from Miami, Florida to Daren Reese and his distribution network in Memphis, Tennessee. At its height, the drug ring was transporting 50 to 75 kilograms a month from Miami to Memphis. Cooney and Boswell directed couriers to drive shipments of 25 kilograms of cocaine to Memphis. After he received the drug shipments, Reese organized the sale of the cocaine and the collection of drug proceeds. Reese delivered the drug proceeds to the couriers who returned the money to Cooney and Boswell in Miami to continue the operation.

[518]*518In early September 1996, Cooney and Boswell sent Lorenzo Hollis, Marie Hollis and Reginald Green to Memphis to deliver cocaine to Reese. On September 12,1996, Reese’s organization paid approximately $855,000.00 for previous cocaine shipments and/or the shipment in September 1996.1 After the payment, Green and Hollis left for Miami in a rental car.

As the couriers traveled through Macon, Georgia, Officer Eric Woodford observed their vehicle being driven in a reckless manner. He pulled them over, received consent to search the vehicle, and found approximately $105,000 hidden in a grocery sack in the backseat and $250,000 hidden in three “Tide” detergent boxes in the trunk of the vehicle.

While in Macon, Marie and Lorenzo Hollis went to a restaurant near the police station and had a series of conversations with Cooney about the seizure. Daren Reese also spoke with Cooney about the seizure from a pay telephone in Memphis. Upon returning to Miami, Lorenzo and Marie Hollis reported the traffic stop and seizure to Cooney.

In the fall of 1997, law enforcement officers obtained an order to intercept telephone conversations on two of Reese’s cellular telephones. On October 30, 1997, officers intercepted a telephone call between Marie Hollis and Reese indicating that a shipment of cocaine was en route to Memphis. Lorenzo Hollis drove the courier car to Memphis for Cooney and Boswell. Once in Memphis, Lorenzo Hollis drove to a restaurant and exchanged car keys with LaTonia Pope, Reese’s cousin. The police watched Hollis and Pope exchange keys. When Pope drove the courier car away from the restaurant, officers conducted a traffic stop and seized 25 kilograms of cocaine in a secret compartment of the vehicle.

Similarly, on October 12, 1997, law enforcement officers intercepted a phone call between LaTonia Pope and Reese indicating a drug shipment had arrived. While most of this cocaine was sold, Renard Rice, Reese’s “business” partner, hid the remaining cocaine in his girlfriend’s home. On November 3, 1997, officers seized 3.7 kilograms of cocaine while responding to a 911 call about a robbery in progress at the home. The seized cocaine came from the October 12, 1997, shipment Cooney and Boswell sent to Reese.

These events provided enough evidence for a grand jury to indict Cooney and Boswell in February 1998. On March 2, 1998, at approximately 5:30 a.m., FBI and local law enforcement officers went to Boswell and Cooney’s house in Miami to execute a warrant for the arrest of Cooney. Cooney, while still dressed in her sleep wear, opened the door after commanding officer Special Agent Scott Umphlet knocked and identified himself. A female uniformed officer immediately began the arrest process.

Detective Laura Medley escorted Cooney upstairs so she could change clothes.

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Bluebook (online)
26 F. App'x 513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-cooney-ca6-2002.