United States v. Darrell Randolph

685 F. App'x 429
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 7, 2017
Docket16-5230
StatusUnpublished
Cited by1 cases

This text of 685 F. App'x 429 (United States v. Darrell Randolph) 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. Darrell Randolph, 685 F. App'x 429 (6th Cir. 2017).

Opinion

MARTHA CRAIG DAUGHTREY Circuit Judge.

Facing the prospect of spending 300 months in prison, defendant Darrell Randolph appeals to this court seeking to overturn his convictions for multiple drug-trafficking and firearms offenses. He argues that the district court erred in denying his motion for a directed verdict both on the charge of being a felon in possession of a firearm and on the charge of possessing a firearm in furtherance of a drug-trafficking offense. He also asserts error in the refusal of the district court to grant his motion for a new trial based upon the improper inclusion of aliases in the indictment and the introduction into evidence of a confession that he alleges was obtained through coercive measures. We find no reversible error and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On March 7, 2014, while assisting in an unrelated case that had resulted in defendant Randolph being incarcerated two days earlier, Detective Paul Vance of the Shelby County Sheriffs Office accompanied other law enforcement officials as they executed a warrant authorizing a search for documents at 7108 Market Square Drive in Memphis, Tennessee. In the closet in the master bedroom of the residence, Vance found approximately four grams of heroin, leading him to seek and obtain a second warrant—this one to search the house for additional drugs and for drug paraphernalia. In the master bedroom of the house, that subsequent search yielded the following evidence: a loaded Ruger .41 caliber Magnum handgun that was hidden under the mattress of the bed; a digital scale and a shipping scale hidden under the bed; “a large amount of marijuana inside of the master bedroom closet in a black plastic bag”; heroin, crack cocaine, and powder cocaine in a vitamin bottle on the dresser in the master bedroom; and drugs and a small digital scale in the pocket of a jacket hanging inside the master bedroom closet. Additionally, authorities recovered, from a shelf in the garage and from two vehicles parked in the garage, a “[ljarge amount of crack cocaine and powder cocaine” and “a little heroin as well.”

Subsequent analysis of the drugs by a forensic chemist with the Drug Enforcement Administration (DEA) indicated that 43 grams of heroin, 90.1 grams of marijuana, 518 grams of crack cocaine, and 767.2 grams of powder cocaine had been confiscated from the home. An investigator as *431 signed to the DEA Task Force testified that those amounts of heroin, crack cocaine, and powder cocaine were consistent with possession of the narcotics with an intent to distribute. However, the 90.1 grams of marijuana—the equivalent of approximately 3.2 ounces of the substance— was an amount that could be considered consistent with personal use, not distribution.

Although neither of the two vehicles found in the garage was registered to Randolph or to his wife, Monique Polk, the owner of the 7108 Market Square property, Timothy Jackson, testified that he had leased the property to Polk in 2009. Moreover, Jackson explained, the lease signed by the defendant’s wife did not permit the tenant to sublet the property, that Randolph himself was present at the signing of the lease, that Randolph usually paid the rent on the home in person, either at the house or at an agreed-upon location, and that Jackson never saw any adults at the house other than Randolph and Polk. Even though some evidence was adduced that the defendant and his wife spent much of their time at another residence on Coral Creek Lane in Memphis, other testimony indicated that they “were going back and forth” to the house on Market Square Drive. In fact, in the Market Square home, officers found one of Randolph’s 2009 tax documents, a 2011 credit-card application in Randolph’s name, a 2012 insurance receipt with the defendant’s name on it, a 2011 bank statement bearing the defendant’s name, a utility bill in Polk’s name, an invitation from their wedding, and various items of clothing. Randolph’s stepdaughter also mentioned to a sergeant in the Sheriffs Office that the family “had a washer and dryer at [the Market Square home] and they went back and forth to wash clothes, that [her] mom sometimes worked out of that residence and often went back and forth over there.”

At some point on the day of the search, Monique Polk arrived at the house on Market Square Drive and was taken to the offices of the Narcotics Division for questioning. Then, “[b]ased off of the information [Vance] gained from the interview of Ms. Polk, [he] decided to go down to ... the County Jail, and speak with Mr. Randolph.”

Upon meeting Randolph ■ at the jail, Vance explained that he did not intend to question him regarding the alleged offense for which he already had been incarcerated. Instead, Vance told the defendant that his visit had “everything to do with what we found at 7108 Market Square Drive.” He first detailed for Randolph “everything that was found” at the house. Then, as Vance later testified, he explained to the defendant that he would have to arrest Randolph’s wife for the drug trafficking if someone else did not claim ownership of the contraband found there, given that Randolph and Polk were the only residents. In response, “Randolph said that he believed that the narcotics that [were] found at his residence [were] garbage and that he meant to throw them away.”

Only at that point did Vance and another sheriffs officer advise Randolph of his Miranda rights. The defendant waived those protections and agreed to speak to the authorities without a lawyer present. During the ensuing interrogation, Randolph “claimed [ownership] of everything in the house” and did so “several times.” Moreover, during his statement, Randolph twice denied that the drugs belonged to his wife and further claimed that they did not belong “to any other individual other than himself.”

Based upon those statements and the physical evidence recovered from the Market Square residence, Randolph was charged with drug and firearms offenses. *432 A federal grand jury subsequently returned a six-count indictment that charged Randolph with: possession with intent to distribute 280 grams or more of cocaine base (Count 1); possession with intent to distribute at least 500 grams of cocaine (Count 2); possession with intent to distribute heroin (Count 3); possession with intent to distribute marijuana (Count 4); being a felon in possession of a firearm (Count 5); and possessing a firearm in furtherance of a drug-trafficking crime (Count 6),

At trial, Vance testified about the search of the Market Square residence, the evidence recovered during the search, and the statements later made by Randolph. Trial testimony from other witnesses included: information about the lease and occupancy of the home; results of the laboratory testing of the substances recovered during the search; the manufacturing site of the recovered Ruger firearm; the fact that no usable fingerprints were found on the gun; proof of Randolph’s prior felony conviction years before for possession with intent to distribute marijuana; and testimony that the amounts of heroin, cocaine, and cocaine base recovered were consistent with distribution and drug trafficking.

At the close of the prosecution’s case, Randolph conceded that sufficient evidence had been adduced on the drug charges to allow those counts of the indictment to be submitted to the jury.

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Bluebook (online)
685 F. App'x 429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-darrell-randolph-ca6-2017.