United States v. David Hancock

448 F. App'x 239
CourtCourt of Appeals for the Third Circuit
DecidedOctober 20, 2011
Docket10-1627
StatusUnpublished

This text of 448 F. App'x 239 (United States v. David Hancock) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third 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. David Hancock, 448 F. App'x 239 (3d Cir. 2011).

Opinion

OPINION

AMBRO, Circuit Judge.

David Hancock was found guilty of attempted possession with intent to distribute 500 grams or more of cocaine, in violation of 21 U.S.C. §§ 841 and 846. He was sentenced to a term of imprisonment of 120 months. Hancock appeals from the judgment of conviction. We affirm.

On April 10, 2007, Wilmington police officers executed a lawful search at the residence of a drug dealer named Luis Camacho. Among other things, officers seized Camacho’s mobile phone. The next afternoon, Detective Danny Silva was processing the seized evidence when Camacho’s mobile phone began ringing repeatedly. Silva eventually answered the phone, and co-defendant Miguel Alcantara stated, “I need a kilo.” Silva responded that he would call Alcantara back. Prior to returning Alcantara’s call, Silva retrieved a recording device. From that afternoon into the late evening, Silva, posing as a drug associate of Camacho, recorded eight conversations he had with Alcantara. Silva learned that Alcantara was brokering a one-kilogram cocaine deal on behalf of a third party for $24,000 (a price Alcantara later increased to $25,000), that the third party was present for at least one prior drug deal with Alcantara, that the third-party buyer was a short, African-American male, that the buyer and Alcantara would drive separately to the meet location, and that Alcantara would meet Silva in the alleyway alongside Camacho’s residence.

Later that night, shortly after 10 p.m., Alcantara informed Silva that he had just spoken to the buyer, and that the buyer would meet him in 10-15 minutes at a location a few blocks away from Camacho’s residence. Alcantara explained that the buyer would park outside of Camacho’s residence, and the three men would then go inside the house to transact the cocaine deal.

Following that phone conversation, Wilmington police officers, including Silva, set up surveillance in the area of Camacho’s residence. Shortly before 10:30 p.m., Al-cantara called Silva and told him that he and the third-party buyer were en route and would be driving down Camacho’s street (a one-way street) momentarily. Alcantara then called back approximately one minute later and told Silva that he had arrived at Camacho’s residence. While sitting in an unmarked police vehicle, Silva observed Alcantara drive past him while speaking with Silva on his phone. Alcan-tara’s vehicle then turned into Camacho’s driveway.

Detective Silva then observed a blue Chevy Trailblazer, which was following immediately behind Alcantara’s vehicle, park directly in front of Camacho’s residence, across the street from Silva’s unmarked police car. A short, African-American male, later identified as defendant David Hancock, got out of the vehicle and walked toward Camacho’s residence. Hancock then walked into Camacho’s driveway, where he would have been able to see police officers pursuing Alcantara on foot so as to place him under arrest. Hancock then turned and “trotted” back toward his own vehicle. There were no other individ *241 uals in the vicinity of Camacho’s residence other than Hancock, Alcantara, and police officers.

Officers arrested Hancock before he could flee. They searched him and found he had $25,370 on his person. Hancock admitted to police that he had arrived at Camacho’s residence to purchase one kilogram of cocaine for $25,000. He told police that he knew Alcantara and Camacho, and that he had been communicating with the former throughout the evening.

On April 13, 2007, Hancock was charged in a two-count criminal complaint with conspiracy to possess with intent to distribute 500 grams or more of cocaine, and attempted possession with intent to distribute 500 grams or more of cocaine, all in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B), and 846.

On April 19, 2007, special agents from the Drug Enforcement Administration (“DEA”) arrested Hancock pursuant to the criminal complaint and a warrant authorizing his arrest. During a search of Hancock’s person and residence, the DEA agents found more than $5,000 cash and three mobile telephones — one of which Hancock had used to communicate with Alcantara throughout the afternoon and evening of April 11, 2007.

Following his arrest, Hancock agreed to speak with DEA agents and Detective Silva. During the interview, Hancock again admitted that he had arrived at Camacho’s house on April 11, 2007 to purchase a kilogram of cocaine for $25,000 from Al-cantara’s source of supply. Hancock stated that he was getting back into the drug distribution business because bills were piling up and his wife was pregnant. He also said that, due to the relative unavailability of cocaine in Wilmington at the time (which, as a result, would allow dealers to charge higher prices for cocaine in the future), he was going to take the cocaine home and “sit on it” (in order to maximize his profit by selling it at a later time).

On April 24, 2007, a grand jury indicted Hancock of conspiracy to possess with intent to distribute 500 grams or more of cocaine (Count I), and attempted possession with intent to distribute 500 grams or more of cocaine (Count II).

Thereafter, Hancock moved to suppress the evidence the police seized as well as the statements he made to them. The District Court denied Hancock’s motion.

On February 23, 2009, the District Court conducted a non-jury trial. At the trial, Hancock denied making any incriminating statements to police. He testified that he knew nothing about a cocaine deal, and that he was only at Camacho’s residence on the night in question to talk to Alcantara. Hancock did testify that the $25,370 found on him was his money.

At trial, the Government called, among other witnesses, DEA Agent Steven Murphy to provide expert testimony. Murphy testified that there are three different-sized units of cocaine — a gram, an eight-ball, and a kilogram. Murphy testified that gram and eight-ball sized units of cocaine are quantities purchased for personal consumption, but that a kilogram is a quantity purchased by a dealer for distribution. Murphy opined that the possession of a kilogram of cocaine is consistent with an intent to distribute, and that brokers typically are used in deals that involve large quantities of drugs.

On September 18, 2009, 2009 WL 2992555, the District Court issued a memorandum opinion finding Hancock guilty of attempted possession with intent to distribute 500 grams or more of cocaine (Count II), but not guilty of conspiracy (Count I). He was sentenced to 120 months’ imprisonment.

*242 Hancock appeals his conviction, and raises three issues before us.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
Lopez v. Gonzales
549 U.S. 47 (Supreme Court, 2006)
United States v. Luis Alonso Montoya
782 F.2d 1554 (Eleventh Circuit, 1986)
United States v. James P. McNeill
887 F.2d 448 (Third Circuit, 1989)
United States v. Zaida Rodriguez
961 F.2d 1089 (Third Circuit, 1992)
United States v. Diodayan Ledesma-Cuesta
347 F.3d 527 (Third Circuit, 2003)
United States v. Ali B. Al-Ame
434 F.3d 614 (Third Circuit, 2006)
United States v. Kareem Brown
448 F.3d 239 (Third Circuit, 2006)
United States v. Yousef
327 F.3d 56 (Second Circuit, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
448 F. App'x 239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-david-hancock-ca3-2011.