United States v. Coppin

1 F. App'x 283
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 5, 2001
DocketNo. 98-4173
StatusPublished
Cited by20 cases

This text of 1 F. App'x 283 (United States v. Coppin) 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. Coppin, 1 F. App'x 283 (6th Cir. 2001).

Opinion

CLAY, Circuit Judge.

Defendant, Lanny Lorenzo Coppin, appeals from his conviction for conspiracy to possess cocaine with the intent to distribute in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and 846, and possession with intent to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1), (b)(l)(B)(ii), and 18 U.S.C. § 2. Defendant also appeals from the district court’s imposition of a $5000 fine for both offenses pursuant to USSG § 5E1.2. For the reasons that follow, we REVERSE Defendant’s convictions on both counts. It is therefore unnecessary to address the sentencing issue presented by the fine.

BACKGROUND

On January 28, 1998, the Regional Narcotics Unit (RENU) officers, which included members of the Cincinnati Police Department and Hamilton County, Ohio Sheriffs Department, conducted an undercover operation involving the purchase of five kilograms of cocaine by an undercover officer, Agent Terrell Williams. According to Agent Williams, the targets of the investigation were Stanley Cross and Broderick Jackson, whom the RENU believed had been trafficking cocaine into Cincinnati for distribution. Officers of the RENU maintained surveillance on the Howard Johnson Motel (the “Howard Johnson”) in Columbus Township, Ohio where they rented two rooms — one for surveillance and one for the undercover activity. On that morning, Agent Williams, his partner, Agent Valez, and the informant who arranged the purchase of the drugs met with Cross and Jackson. The parties discussed the transaction and arranged for the exchange of money and drugs to take place later that morning in the parking lot of the Howard Johnson.

After the initial meeting, Cross left the motel in a Chrysler LHS to retrieve the drugs. Cross was placed under surveillance and followed to the Residence Inn where he apparently retrieved the drugs to sell to the undercover agents. While at the Residence Inn, Cross met with Alfredo Rodriguez Garcia and Damien Forbes. Agent Ronald Reckers, one of the officers on the surveillance team, observed the three conversing as they walked out of the Residence Inn. Agent Reckers also saw Garcia place a blue bag into a Lincoln Navigator. The officer observed the Navigator leave the lot with Forbes driving and Garcia as a passenger. Cross, having received the drugs from Garcia and Forbes, was observed leaving the area. Agent Reckers testified at trial that he did not see Defendant at any point at the Residence Inn or elsewhere that day.

Cross returned to the Howard Johnson were he met with Jackson and Agents Williams and Valez. Agent Valez went to the Chrysler occupied by Cross, while Agent Williams, who had the money for the drugs, remained in another vehicle with Jackson. Cross gave the drugs, five kilograms of cocaine, to Agent Valez in a pillow case. When Agent Valez exited the vehicle, Agent Williams gave the money, $125,000, to Jackson and drove Jackson over to Cross’ vehicle. As Cross and Jack[286]*286son left the parking lot, RENU agents surrounded their vehicle, arrested Jackson and Cross, and confiscated the money.

Agent Williams testified at trial that Defendant was not the target of their investigation nor was he or his department aware of any involvement by Defendant with the drug trafficking scheme. He also testified that he did not see Defendant at any time before, during, or after the drug transactions that took place that day. Agent Williams further testified that Defendant’s fingerprints were not found on the cocaine itself or the outside packaging of the cocaine.

Meanwhile, Agent Chris Conners had picked up surveillance of the Lincoln Navigator, occupied by Forbes and Garcia, as it left the Residence Inn. The Navigator traveled to the Budgetel hotel. Agent Conners observed Defendant walk to the passenger side of the Navigator and speak with Garcia for about a minute. Agent Conners next observed Defendant getting into a Mazda 929 with Alabama license plates. The two vehicles left the parking lot and traveled to downtown Cincinnati. Agent Conners lost surveillance of Defendant and the others when they reached downtown Cincinnati. At trial, Agent Conners testified that during his surveillance, he did not see any exchange of contraband, money, or any other object between Defendant and the others.

After learning that one of the subjects may have been staying at the Westin Hotel in downtown Cincinnati, Agent Conners went to the Westin to check the guest registry. While there, he ran into Dawn Viveiros and questioned her. He learned that Viveiros had driven the Navigator from Texas to Cincinnati for Levin Patch-et.1 Viveiros told agent Conners that she had previously driven the Navigator to various cities where an individual would retrieve the vehicle from her and return it to her later. Viveiros testified at trial that on one occasion Defendant and Rodriguez picked up the Navigator from her when she traveled to Atlanta for Patchet. Vivie-ras could not identify to whom she actually gave the keys of the vehicle or the dates of the event. Agent Conners also testified that Viveiros identified Defendant’s phone number in her phone book.

In the interim, Agent Kevin Koo picked up surveillance of the Navigator and the Mazda 929 driven by Defendant. Agent Koo discovered the vehicles in the underground parking garage of the new Lazarus department store building. He kept the vehicles under surveillance until Defendant and Garcia walked out of the Lazarus building into the parking garage. The two men walked over to the Mazda 929 and talked for a minute or two. He also observed Defendant talking to someone on his cellular phone for a brief period of time. Agent Koo further testified that he saw Garcia place a Lazarus shopping bag into the Navigator. Both men departed— Defendant driving the Mazda 929 and Garcia driving the Navigator. As the men were leaving the garage, Garcia stopped at the parking attendant, got out of his vehicle and went to speak with Defendant, who was following in the Mazda 929. They spoke for a brief moment, Garcia returned to his vehicle and they proceeded to leave the garage, at which time both men were arrested. The agents found five kilograms of cocaine in the Navigator in a blue bag that had been placed in it earlier that day [287]*287at the Residence Inn. No contraband was found in the Mazda.

Defendant was taken to the Criminal Investigation Section for the City of Cincinnati. Agent Koo testified that when he originally asked Defendant what he was doing in Cincinnati, Defendant responded that he came to Cincinnati to shop and that although he was driving the Mazda 929, he did not know who owned it.2 Defendant also originally told Agent Koo that he did not know Garcia. Defendant eventually told Agent Koo that he did know Garcia, that he was asked by Garcia to help him drive from Atlanta, where Defendant and Garcia lived, to Cincinnati. Defendant explained that he met Garcia through a co-worker and that Garcia, who did not speak English, needed someone to translate for him while he was in Cincinnati. Defendant told Agent Koo that he only came to Cincinnati to shop.

Defendant also told agent Koo that he and Garcia arrived in Cincinnati around 5:30 a.m. on January 28. They stayed at the Budgetel motel.

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Bluebook (online)
1 F. App'x 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-coppin-ca6-2001.