United States v. Donaldson

110 F. App'x 603
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 15, 2004
DocketNo. 02-2426
StatusPublished
Cited by2 cases

This text of 110 F. App'x 603 (United States v. Donaldson) 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. Donaldson, 110 F. App'x 603 (6th Cir. 2004).

Opinion

OPINION

DOWD, District Judge.

Patrice Donaldson, the defendant-appellant, charged in a multi-defendant case with conspiring with intent to possess and distribute heroin and cocaine, was found guilty after a three-day jury trial. The testimony in the trial was completed on the second day of the trial. The government’s opening statement identified its three witnesses, Anthony Burns, Terese Burns and Steven Harris, all co-defendants in the multi-defendant conspiracy. Their testimony, if deemed credible by the jury, was sufficient to support Donaldson’s conviction. The jury found Donaldson responsible for one kilogram or more of heroin and 500 or more grams of cocaine. Donaldson received a life sentence based on two prior felony drug convictions.

The primary issues raised on appeal challenge the district court’s handling of the series of verbal outbursts by Donaldson in the presence of the jury during the trial.1

Before we consider the district court’s response to Donaldson’s outbursts in front of the jury, we note that no claim is made [605]*605that the evidence was insufficient to support Donaldson’s conviction.

Donaldson’s first outburst came as soon as the first government witness, Anthony Burns, provided incriminating testimony. The following colloquy took place in the presence of the jury:

Q. Can you give us — you don’t have to list everybody, but some of the names of the people who were working with you who were located here in Detroit?
A. Yes. There was Steven Harris, David Wynn, Christopher Lewis, a few others.
Q. Okay. Terese Burns?
A. Yes.
Q. That’s your sister?
A. That is my sister.
Q. Ricky Burns?
A. Yes. That’s my brother.
Q. They are both charged in this ease also; is that right?
A. Yes. Yes.
Q. Who were some of the people who were located in New York who were working with you on this enterprise?
A. There was Patrick Donaldson; Elvis, I don’t have no last name; Novus, no last name.
MR. DONALDSON: You’re lying man. He’s sitting up here lying on me, man.
MR. GUREWITZ: Your Honor, I would ask that you instruct the Defendant.
THE COURT: Mr. Donaldson, you will have the opportunity through your attorney to challenge this witness. So please wait until that time. Thank you.
MR. DONALDSON: I’m looking at life in prison. He’s trying to give me life in prison and he’s sitting up here lying.
THE COURT: Mr. Donaldson.
Thank you. You may continue.

Tr„ Vol. I at 83-84.

The next outburst soon followed, still during the direct examination of Anthony Burns in the following colloquy:

Q. And what about Patrick Donaldson, did he engage in credit transactions with you?
A. Yes.
Q. In what way?
A. He fronted us some drugs.
Q. Okay. For payment later?
A. Yes.
MR. DONALDSON: Did I ever give you drugs, man? Are you going to lie on me, man?
THE COURT: Mr. Donaldson.
MR. DONALDSON: I’m facing life and he’s going to lie. You know I never gave you no drugs, and you’re going to sit up there and lie, man.
THE COURT: Mr. Donaldson. You may approach, Mr. Gurewitz.
(Bench conference held out of the hearing of the jury, between the Comí and counsel, on the record as follows:)
MR. GUREWITZ: Your Honor, I don’t think that Mr. Donaldson is doing this intentionally. I think he is just having some difficulty controlling himself. Maybe a break might be appropriate to talk with him separately.
MR. CHADWELL: I don’t object to a break.
THE COURT: How strenuously do you object to his outbursts? I think the jury—
MR. CHADWELL: I’m not asking that he be gagged or anything like that.
THE COURT: No. I’m wondering if we even need a break. Do you think he needs a break to calm down, Mr. Gurewitz, or do you think by having this [606]*606conversation he has the time to calm down?
I will trust your judgment.
MR. GUREWITZ: Really — just after the first one he apologized to me, and I think he had realized that he had made a mistake.
THE COURT: Why don’t you just bring him up to sidebar if you have no objection to that or—
MR. GUREWITZ: I would rather not call anymore attention to that.
The juror in the front row in the white shirt just stood. I don’t know if that means he has a question or not for the Court.
THE COURT: No. I just told them they could have a break.
Do you want to have a break, Mr. Gurewitz? It is your call.
MR. GUREWITZ: I just don’t want to call any undue attention to it. I’m concerned that it is going to happen again.
THE COURT: If it happens again, we’ll take a break.
Okay.
(End of Bench conference.)

Tr., Vol. I at 85-87.

The third statement of the defendant, still during the direct examination of Anthony Burns, expressed relief on the part of the defendant in the following passage:

BY MR. CHADWELL:
Q. Why did your sister introduce you to Patrick Donaldson?
A. So we could hook up on some drugs. Q. Okay. What was Patrick Donaldson’s role in your operation?
A. Pretty much the supply.
Q. Of what?
A. Of heroin—
Q. What about cocaine?
A. —pretty much. We tried to arrange some cocaine.
Q. You never actually got cocaine from him?
A. No.
Q. Is that correct?
A. No.
MR. DONALDSON: Thank God.

Tr., Vol I at 91.

Donaldson again commented on the testimony of Anthony Burns in the following passage:

BY MR. CHADWELL:
Q. What’s the least amount — based upon your knowledge and experience, in your opinion, having seen the heroin and having taken delivery of it, what’s the absolute minimum amount that that would have been?

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Related

United States v. Marcus Burrage
687 F.3d 1015 (Eighth Circuit, 2012)
Donaldson v. United States
379 F. App'x 492 (Sixth Circuit, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
110 F. App'x 603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-donaldson-ca6-2004.