United States v. Darrell Devries

630 F.3d 1130, 2011 WL 294451
CourtCourt of Appeals for the Eighth Circuit
DecidedJanuary 25, 2011
Docket09-2863
StatusPublished
Cited by4 cases

This text of 630 F.3d 1130 (United States v. Darrell Devries) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. Darrell Devries, 630 F.3d 1130, 2011 WL 294451 (8th Cir. 2011).

Opinion

JOHN R. GIBSON, Circuit Judge.

A jury convicted Darrell Devries of one count each of conspiring to manufacture methamphetamine, 21 U.S.C. §§ 841(a)(1), 846, and of manufacturing the drug, 21 U.S.C. § 841(a)(1), (b)(1)(B), 18 U.S.C. § 2. Devries moved for judgment of acquittal or, in the alternative, for a new trial on the ground that the testimony of a eo-eonspirator was not credible. The district court 1 denied the motion for judgment of acquit *1131 tal but granted the new trial motion. The government appeals, arguing that the district court erred in its evaluation of the co-conspirator’s credibility and that the government presented sufficient additional evidence to sustain a verdict. We affirm.

Darrell Devries lived with his girlfriend, Kimberly Pipes, in a rented trailer in rural Indianola, Iowa. Devries also had permission to use a machine shed located on the property. On the evening of April 7, 2008, two officers from the Warren County Sheriffs Office began conducting surveillance of the trailer and shed from an adjoining property. They remained until 4:00 or 4:30 on the morning of April 8. A white pickup truck, which they determined was registered to Sheila Mosset, was parked on the property when the officers arrived. The only people they saw throughout their surveillance were Devries and Chris Mosset, Sheila Mosset’s husband.

The first activity the officers saw was the white pickup truck leaving at about midnight. Approximately thirty minutes later the pickup returned, followed by a “monster truck.” The pickup parked next to the machine shed and the monster truck parked in the shed, entering through a roll-up door. Chris Mosset was driving the white pickup truck when it returned, and Devries was driving the monster truck. Although the officers watched them move about during the next few hours, they could not tell exactly what the two men were doing because they could not see inside the machine shed or the trailer. However, one of the officers testified that they observed what he believed to be the methamphetamine cooking process. As an example, he noted that the doors on the back side of the shed were open, which would allow fumes to escape. They saw one of the two men walk out a door of the shed with what appeared to be a cooler, and they heard banging noises consistent with emptying such a container. They also heard a loud motor and saw smoke rising from a smokestack in the shed.

At about 4:00 or 4:30 a.m., the officers heard a vehicle and saw the taillights of Mosset’s truck as it was leaving the property. Another officer was alerted and asked to make a traffic stop of the truck. When the officer did so, he noticed a strong chemical odor coming from the cab, one he associated with the manufacture of methamphetamine. He checked the status of Mosset’s driver’s license and learned it was suspended, so he placed him under arrest and searched his vehicle subject to the arrest. He found some coffee filters and two baggies with a white powdery substance, which was later determined to be methamphetamine. The officer testified that Mosset was nervous, but his behavior was not that of a person who had been using methamphetamine.

On April 8, the officers obtained and executed a search warrant for the property. They found a number of items in the trailer associated with methamphetamine production and use, such as a digital scale, packaging materials, and a glass methamphetamine pipe. The only measurable drug found in the trailer was cocaine. There was no usable quantity of methamphetamine in the trailer. A baggie with residue of some sort of drug was found in the pocket of female pants. In the shed, they found a sludge ball and other items associated with methamphetamine production. 2 However, officers did not finger *1132 print any item other than a coffee grinder, which had no identifiable prints. Finally, Devries also had a semi tractor trailer parked on the property, and a search of that trailer yielded a tank and hose with the smell of anhydrous ammonia emanating from the tank and trailer.

Two witnesses testified that they purchased pseudoephedrine for Mosset to use in making methamphetamine. Sheila Mos-set bought the pills for her husband in return for methamphetamine, and her uncle, John Domino, did the same. The government also introduced logs showing that Chris Mosset and Kimberly Pipes, Devries’s girlfriend, purchased the pills. No witness testified that he or she ever saw Devries manufacturing methamphetamine. Pipes is alleged to be a member of the conspiracy, as well, but she absconded before she could be subpoenaed.

Following a two-day trial, a jury returned a guilty verdict. Devries moved for judgment of acquittal both at the close of the government’s case and at the close of all the evidence, and following the verdict he moved for a new trial. The district court, which had reserved ruling on the former motion, considered the two together. Although it denied the motion for judgment of acquittal, the district court granted Devries’s new trial motion on the ground that the verdict was against the weight of the evidence. The government appeals, and we affirm.

I.

We review the district court’s grant of Devries’s new trial motion for abuse of discretion. United States v. Bertling, 510 F.3d 804, 807 (8th Cir.2007). We give great deference to the district court when it grants a new trial motion on the ground that the verdict is against the weight of the evidence, and we reverse only upon a strong showing of abuse. United States v. Bass, 478 F.3d 948, 951 (8th Cir.2007). In considering the motion, it is the district court’s task to weigh the evidence and evaluate the witnesses’ credibility to determine if a miscarriage of justice may have occurred. United States v. Davis, 103 F.3d 660, 668 (8th Cir.1996). The district court did so in this case.

The government argues that, absent Mosset’s testimony, there was sufficient physical evidence and testimony from other witnesses to support the verdict. However, the district court did not rely only on Mosset’s low credibility as the basis for its decision. The district court’s ruling stems largely from the inconsistency between Mosset’s version of events and the evidence otherwise presented. Mosset testified that he was at his home on the evening of April 7 when Devries called him to ask for help after Devries’s truck broke down in Des Moines. Mosset then left his house between 8:00 and 9:00 p.m. to pick up Devries and take Devries to his own house to retrieve a fuel pump. According to Mosset, they returned to Devries’s truck to repair it and then drove back to Devries’s house around midnight, where they continued working on the truck inside the shed.

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Cite This Page — Counsel Stack

Bluebook (online)
630 F.3d 1130, 2011 WL 294451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-darrell-devries-ca8-2011.