United States v. Crisp

110 F. App'x 559
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 7, 2004
DocketNos. 02-5510, 02-5609, 02-6023 and 02-6024
StatusPublished
Cited by2 cases

This text of 110 F. App'x 559 (United States v. Crisp) 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. Crisp, 110 F. App'x 559 (6th Cir. 2004).

Opinion

BATCHELDER, Circuit Judge.

Ruth Smith and Carlos Smith appeal their convictions following a jury trial and Donald Crisp and Michael Cox appeal the sentences imposed following their entries of guilty pleas on charges of distribution and conspiracy to distribute crack cocaine. We AFFIRM.

I.

Beginning sometime prior to June 2000, the Tennessee Bureau of Investigation [561]*561(TBI) and the Drug Enforcement Administration (DEA) conducted a joint investigation of an organization known as the “Crisp Farm” in the Bolivar, Tennessee, area. Leroy Crisp, Ruth Smith, Carlos Smith, and Donald Crisp maintained residences on the Crisp Farm, and other individuals often stayed there. There was also a nightclub on the property called Club 2000, which was operated by Leroy Crisp. Law enforcement officials had information indicating that Leroy Crisp, Ruth Smith’s son, was the lead individual in an organization selling crack cocaine at the Crisp Farm.

The DEA and TBI employed an informant, Yvonna Roberts, to help them infiltrate the Crisp Farm operation. Roberts was a girlfriend of Leroy Crisp, and from June 2000 until July 2001 was present at the Crisp Farm almost continually, often purchasing and using crack cocaine there. Roberts testified at trial that she typically dealt with Leroy Crisp, Carlos Smith, or Donald Crisp, but also obtained drugs from various “runners,” including other defendants in this case. Roberts’s relationship with Leroy Crisp ended in early 2001, around the same time TBI Agent Aaron Chism began working in an undercover capacity by accompanying Roberts when she purchased crack cocaine from various individuals at the Crisp Farm. Roberts wore a wire and made audiotapes of these transactions.

Agent Chism and Roberts purchased approximately 9.5 grams of crack cocaine from defendant Donald Crisp in two transactions occurring February 20, 2001, and February 22, 2001. Cox also participated in the February 22 transaction, operating a vehicle with Donald Crisp as his passenger, waiving down Chism to initiate the transaction, and “shaking down” Chism by questioning him and noting his license plate number.

On April 5, 2001, Agent Chism and Roberts went to the Crisp Farm for the purpose of purchasing three ounces of crack cocaine. Chism observed as Roberts gave Leroy Crisp $2,700 in exchange for a package that contained approximately three ounces of crack. Ruth Smith was standing within eight feet of the drug transaction as it occurred. Agent Chism and Roberts later testified that as they drove away, they saw Crisp give the money directly to Ruth Smith. On April 12, 2001, Chism and Roberts returned to the Crisp Farm to purchase four ounces of crack for $4,000. On their arrival at the farm, they found Leroy Crisp, Ruth Smith, and Carlos Smith in Ruth Smith’s yard. Ruth Smith was less than four feet away when Roberts purchased the drugs from Leroy Crisp, “but she turned her back” and did not directly witness the transaction. Agent Chism testified that immediately following the transaction he saw Leroy Crisp hand the proceeds directly to Ruth Smith.

Agent Chism and Roberts returned to the Crisp Farm on May 3, 2001, to purchase six ounces of crack for approximately $6,000. Leroy Crisp instructed them to pull into the Club 2000 parking lot, where Roberts purchased the crack from Carlos Smith. On May 10, 2001, Chism and Roberts conducted the last buy of the undercover operation, a transaction with Leroy Crisp, Carlos Smith, and Karl McKinnie for 84.3 grams of powder cocaine in exchange for $3,000. According to Roberts, on another occasion, when she and Leroy Crisp were about to leave town “to conduct business,” she personally witnessed Ruth Smith hand Leroy Crisp $30,000 in cash, which he later used to purchase drugs.

On July 16, 2001, appellants Donald Crisp, Michael Cox, Carlos Smith, and Ruth Smith were charged along with Leroy Crisp, Sam McGuire, Charlene Hud[562]*562son, and Karl McKinnie in an 18-count indictment alleging distribution of crack cocaine and conspiracy to distribute crack cocaine in violation of 21 U.S.C. §§ 841 and 846. They were arrested on July 18 and 19, and approximately 70 government agents executed a search warrant on the Crisp Farm.

Appellants Donald Crisp and Cox, as well as co-defendants Leroy Crisp, McGuire, Hudson, and McKinnie, entered guilty pleas. Donald Crisp pleaded guilty to and admitted all of the facts contained in Count 1 of the indictment, which charged him and the other defendants with conspiracy to possess and distribute more than 50 grams of cocaine base in violation of 21 U.S.C. § 841(a)(1). The parties agreed as part of the plea agreement that Donald Crisp’s relevant conduct would be limited to the transactions charged in Counts 6 and 7, that is, the February 2001 sales of 9.5 grams of cocaine base. Cox pleaded guilty to Count 7, which charged him with the knowing distribution of cocaine base in violation of § 841(a)(1). At sentencing, both Donald Crisp and Cox sought role adjustments under U.S.S.G. § 3B1.2, with each contending that he played a “minimal role” or “minor role” in the offense for which he had pleaded guilty. Crisp also sought a downward departure under U.S.S.G. § 5H1.3, citing alleged physical and mental impairments. The court denied all of these requests. Crisp was sentenced to 120 months’ imprisonment, the mandatory minimum sentence for a violation of 21 U.S.C. § 841(a) involving 50 grams or more of cocaine base. See 21 U.S.C § 841(b)(1)(A). Cox was sentenced to 37 months’ imprisonment.

' Carlos Smith and Ruth Smith proceeded to trial. Prior to trial, Carlos Smith filed a motion to suppress statements that he made while in custody. Smith contended that he not only did not waive his Miranda rights, see Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), but in fact requested an attorney and gave no statement. During his testimony at the suppression hearing, Smith alleged that TBI Agents Roger Hughes and Gary Azbill had made up the entire statement, even the intricate details. The district court credited the testimony of the officers over that of Carlos Smith and denied the motion to suppress. The statement was admitted and read into the record by Agent Azbill.

During trial, Ruth Smith twice moved for a judgment of acquittal. The district court denied these motions, finding that although Smith’s attorney “certainly [had] plenty to argue to the jury,” the evidence taken in the light most favorable to the government was sufficient for a jury to conclude that Smith was guilty. Ruth Smith also objected to a jury instruction that allowed the jury to meet the scienter element of the charged crimes if the jury found beyond a reasonable doubt that she “acted with a conscious purpose to avoid learning the truth” about others’ using her property for an illegal purpose. The district court overruled Smith’s objection. The jury returned guilty verdicts against Ruth Smith and Carlos Smith, and they were subsequently sentenced to 151 months’ imprisonment and 169 months’ imprisonment, respectively.

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Bluebook (online)
110 F. App'x 559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-crisp-ca6-2004.