United States v. Deangelo McLaurin

764 F.3d 372, 2014 WL 4116496
CourtCourt of Appeals for the Fourth Circuit
DecidedAugust 22, 2014
Docket13-4138, 13-4139
StatusPublished
Cited by38 cases

This text of 764 F.3d 372 (United States v. Deangelo McLaurin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth 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. Deangelo McLaurin, 764 F.3d 372, 2014 WL 4116496 (4th Cir. 2014).

Opinions

No. 13-4138 affirmed in part, vacated in part, and remanded; No. 13-4139 affirmed by published opinion. Chief Judge TRAXLER wrote the majority opinion, in which Senior Judge HAMILTON joined. Judge FLOYD wrote a separate opinion concurring in part and dissenting in part.

TRAXLER, Chief Judge:

Working with disgruntled drug couriers, defendants Deangelo McLaurin and Nicholas Lowery devised a plan to rob a drug “stash house.” As it turned out, the stash house never existed, and the supposed drug couriers were undercover law enforcement officers. McLaurin and Lowery were arrested and ultimately convicted of various conspiracy and firearms charges. Finding no reversible trial error, we affirm their convictions. As to defendant McLau-rin, however, we vacate his sentence and remand for resentencing.

I.

On February 23, 2011, a confidential informant introduced defendant McLaurin to undercover police officer Rolando Ortiz-Trinidad of the Charlotte Mecklenburg Police Department. At the meeting, McLau-rin sold Officer Ortiz a .38 caliber revolver for $200. At the end of the transaction, McLaurin told Ortiz that he had a shotgun for sale as well. Officer Ortiz and McLau-rin then exchanged telephone numbers in order to contact each other about future transactions. Two days later, Ortiz and McLaurin met for a second transaction in which McLaurin sold Ortiz a sawed-off shotgun for $150. Shortly thereafter, McLaurin called Officer Ortiz and offered to sell him a third firearm.

Following the firearms transactions, the confidential informant identified McLaurin as a potential target for a reverse sting operation known as a home-invasion investigation or a stash-house robbery. A home-invasion investigation is a law enforcement technique in which law enforcement officers identify targets who are ready, willing, and able to rob a drug stash house and then provide them with the opportunity to commit the crime. The officers who participate in this type of undercover operation receive specialized training and employ techniques to weed out individuals who are not inclined to commit the robberies, including changing locations and scheduling several meetings in advance of the planned robbery. The purpose of these obstacles is to give targets the “opportunity to not participate in this particular style of robbery.” J.A. 144.

On March 9, 2011, the confidential informant introduced McLaurin to two different undercover officers-ATF Special Agent Shawn Stallo and his partner Task Force Officer Ashley Asbill (referred to together as the “Undercover Officers”). This meet[376]*376ing was recorded on audio and video; McLaurin, the confidential informant, and the Undercover Officers were present at all times.

During the meeting, the Undercover Officers posed as disgruntled drug couriers for a Mexican drug trafficking organization (the Organization), and expressed their desire to steal drugs from a stash house belonging to the Organization. Agent Stallo told McLaurin that he regularly picked up cocaine from various rental houses used by the Organization as stash houses, and that he was looking for someone to rob one of these stash houses. According to the cover story that Agent Stal-lo told McLaurin, each stash house, when stocked, contained between seven to nine kilograms of cocaine and was guarded by two armed men; the Organization constantly changed which stash house held the stock; Stallo picked up two kilograms of cocaine from a stocked stash house about every 30 days, but would not learn the address of such stash house until the day of the pick-up. Stallo proposed to keep two kilograms of the stolen cocaine for himself, while McLaurin and any others he recruited to help in robbing the stash house could keep the balance because they would be responsible for the “heavy lifting.” J.A. 148.

In response, McLaurin indicated that he was interested in the robbery, assuring the Undercover Officers that he had committed a similar robbery in the past. McLau-rin also told the Undercover Officers that he would have to obtain a firearm before the robbery because he had recently sold his gun. When discussing the type of firearm required for the job, McLaurin indicated that he would need a large-caliber weapon. McLaurin also explained that the job was “real big,” J.A. 342, and that it would therefore take him three or four days to recruit others to help him in the robbery.

Consistent with his training, Agent Stal-lo made clear to McLaurin several times during the meeting that he did not have to go through with the robbery if he did not want to, including telling McLaurin to take a few days to consider whether he wanted to participate. If McLaurin still wanted to participate, he was to call the confidential informant, who would then get in touch with Stallo. McLaurin responded that he was “good with it,” J.A. 151, assuring the Undercover Officers that he would be in touch and that they would meet again.

A little over two weeks went by without the case agents being able to contact the confidential informant to learn whether McLaurin had expressed interest in the potential robbery. As a result, Agent Stallo attempted to contact McLaurin by telephone. McLaurin called back within minutes after Stallo left a message, and the two agreed to meet the next day, March 25, 2011, to discuss further plans for the robbery. On the day of the meeting, McLaurin called Stallo and advised him that he would be bringing along an associate — codefendant Nicholas Lowery— who would assist in the robbery. The Undercover Officers, McLaurin, and Lowery met in the parking lot of a restaurant; the 45-minute-long meeting was again recorded on audio.

During the meeting, McLaurin and Lowery discussed their specific plans for the robbery. McLaurin stated that upon entering the house, he would demand that everyone “get on the ground, face down.” J.A. 193. Lowery added that he would strike anyone who resisted with the butt of his gun or shoot them in the leg if necessary. With respect to the need for firearms, Lowery indicated that he had a gun on him then, see J.A. 177 (Lowery patted himself and stated that he was “strapped [377]*377right now”), and that he had additional handguns at his disposal. According to Lowery, the job potentially called for a “K,” referring to an AK-47 rifle, because it was more powerful and could “chop ligaments.” J.A. 177. When discussing the cocaine that McLaurin and Lowery planned to steal, Lowery explained in detail how he would distribute it, and he also offered to help sell Agent Stallo’s share of the drugs.

During the discussion, Lowery stated that there were “three things you gotta consider ... when you do stuff.... Getting killed, going to prison, or killing another motherf* * *er.” J.A. 360. Lowery continued, “And if you ain’t willing to accept those consequences,” and McLaurin interjected, “Don’t get involved.” J.A. 360. At the conclusion of the meeting, Agent Stallo reiterated that if McLaurin and Lowery did not want to go through with the robbery, they should just forget about him and the plan.

On April 6, 2011, the Undercover Officers again met with McLaurin and Lowery and again recorded the meeting. The Undercover Officers went over the details of the planned robbery, and McLaurin and Lowery confirmed their commitment to the plan. Lowery mentioned purchasing an assault rifle for the robbery, characterizing the expenditure as an investment. In discussing the specifics of the robbery, McLaurin reiterated that his plan was to get everyone on the ground.

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

Related

United States v. Fairnot
District of Columbia, 2025
United States v. Robert Turner
Fourth Circuit, 2024
State v. Arbogast
506 P.3d 1238 (Washington Supreme Court, 2022)
United States v. Andrew Grant
Fourth Circuit, 2021
United States v. Kelvin Johnson
996 F.3d 200 (Fourth Circuit, 2021)
Lowery v. United States
W.D. North Carolina, 2021
United States v. Aaron Davis
Fourth Circuit, 2021
United States v. Jovon Lee
Fourth Circuit, 2020
Underwood v. United States
S.D. West Virginia, 2020
United States v. Nicholas Young
916 F.3d 368 (Fourth Circuit, 2019)
United States v. Ricky Grant
Fourth Circuit, 2019
United States v. Trenton R. Birchette
908 F.3d 50 (Fourth Circuit, 2018)
United States v. Eddie Fluker
891 F.3d 541 (Fourth Circuit, 2018)
United States v. Ronald Miltier
882 F.3d 81 (Fourth Circuit, 2018)
United States v. Jeffrey Sterling
860 F.3d 233 (Fourth Circuit, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
764 F.3d 372, 2014 WL 4116496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-deangelo-mclaurin-ca4-2014.