United States v. Douthit

68 F. App'x 616
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 25, 2003
DocketNo. 01-3779
StatusPublished
Cited by3 cases

This text of 68 F. App'x 616 (United States v. Douthit) 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. Douthit, 68 F. App'x 616 (6th Cir. 2003).

Opinion

PER CURIAM.

This case arises from Douthit’s conviction by jury on three counts: conspiracy to possess more than five hundred grams of cocaine and more than fifty grams of cocaine base with the intent to distribute, knowing possession of over fifty grams of cocaine base with the intent to distribute, and knowingly traveling in interstate commerce with the intent to engage in illegal [618]*618activity. Douthit claims the evidence was insufficient to support his convictions. He further claims that he was deprived of a fair trial by the admission of “bad acts” evidence and improper hearsay evidence and that he was denied effective assistance of counsel. For the following reasons, we REVERSE and REMAND in part and AFFIRM in part the decision of the district court.

On September 13, 2000, Drug Enforcement Agent Brian Stine received a phone call from a confidential informant, who advised Stine that two individuals were traveling together by bus back to Cincinnati from New York, carrying drugs with them. The informant identified the individuals as Starrett Palmer and the defendant, Raymond Douthit. With the information from the informant, Stine and other agents were able to pinpoint the specific bus and its arrival time.

The much-delayed bus was due into Cincinnati at 5:55 a.m. on September 14, 2000. Stine and other agents deployed around the bus station. When the bus arrived, Stine identified Palmer disembarking the bus. While Palmer stood in the line exiting the bus, he had a brief conversation with a man in a black shirt, whom agents later identified as Douthit. After they were completely off the bus, Douthit stayed with Palmer until Palmer collected his bag from checked luggage. While observing the two men, Agent Stine noticed bulges under Palmer’s shirt.

Douthit and Palmer separated and began walking toward the exit of the building. The men were about twenty feet apart, and they neither stopped nor spoke to anyone. They were both apprehended shortly after exiting the building. Each man claimed he was traveling alone. Douthit consented to a search of his bag and person, but the officers did not discover any contraband. Officers patting Palmer down in a weapons search discovered a body-band device containing 693.4 grams of cocaine base. Later fingerprint analysis of the belt did not produce any of Douthit’s prints.

Palmer entered a guilty plea with the government in return for his testimony against Douthit. Palmer asserts that he was a “mule” for carrying drugs for Douthit on several occasions, including this one. He testified that the two would travel to New York, typically by bus. Douthit carried a large amount of cash in his backpack. Once there, they would purchase large amounts of crack cocaine. Palmer claims the sellers would pack the belt and put it on his body for him. Palmer and Douthit would then travel back to Cincinnati. On the return trip, it was their practice to have no contact whatsoever. This protected the buyer from liability should the “mule” somehow be caught with the drugs.

This was not a typical trip, however, because the pair encountered two very long delays in their return trip. They ended up in Pittsburgh for a delay, and Palmer requested and arranged meal vouchers for the pair and two other similarly-situated passengers. The vouchers showed that Douthit used his own name in signing for the food. Douthit and Palmer talked to each other throughout this return trip, only distancing themselves from one another at the bus station in Cincinnati.

Palmer further testified that Douthit was a regular supplier of crack for Palmer. Palmer kept Douthit’s numbers handy on a planner, which was introduced into evidence. Palmer’s planner included some friends and family, but it mainly listed dealers and fellow users, who would often convene at Palmer’s for business transactions.

Subsequent surveillance and search warrants for Douthit’s residence eventually led to his arrest. Agents discovered a small amount of marijuana, a small amount of [619]*619cocaine base, and precision scales in Douthit’s residence. With all of this evidence together, the government charged Douthit with the three counts listed above.

Douthit alleges in this appeal that the evidence was insufficient to support the charges against him, that he was prejudiced by the erroneous admission of evidence against him, and that he received ineffective assistance of counsel. We take each of these claims in turn.

The district court’s denial of a motion for judgment of acquittal is the basis for the challenge on appeal as to the sufficiency of the evidence. This court reviews that denial de novo, although “we must affirm [the district court’s] decision if the evidence, viewed in the light most favorable to the government, would allow a rational trier of fact to find the defendant guilty beyond a reasonable doubt.” United States v. Canan, 48 F.3d 954, 962 (6th Cir.1995). This court explained the standard of review more fully: “In addressing the sufficiency of the evidence adduced at trial to support the convictions ..., we do not weigh the evidence presented, consider the credibility of witnesses, or substitute our judgment for that of the jury.” United States v. M/G Transport Services, Inc., 173 F.3d 584, 588-89 (6th Cir.1999). This court went on to say, citing Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), in M/G Transport, 173 F.3d at 589:

Instead, we are called upon to determine merely whether, after viewing the evidence in the light most favorable to the prosecution, and after giving the government the benefit of all inferences that could reasonably be drawn from the testimony, any rational trier of fact could find the elements of the crime beyond a reasonable doubt.

“The essential elements of a drug conspiracy are 1) an agreement to violate the drug laws, and 2) each conspirator’s knowledge of, intent to join, and participation in the conspiracy.” United States v. Crozier, 259 F.3d 503, 517 (6th Cir.2001). Douthit argues that “[m]ere association with conspirators is not enough to establish participation in a conspiracy.” United States v. Pearce, 912 F.2d 159, 162 (6th Cir.1990) (internal citations omitted). Although a defendant’s presence may be unexplained, argues Douthit, it does not follow that his presence “without more, [was] sufficient to support a conspiracy charge. In most instances, this court requires firm evidence of at least tacit coordination among conspirators in affirming conspiracy convictions.” Id.

The United States argues that it has presented evidence of far more than a tacit agreement between Douthit and Palmer. Palmer’s trial testimony presented evidence of an ongoing arrangement between the men to travel together to New York for the purposes of procuring drugs and bringing them back to Cincinnati. A second witness for the United States, another drug user, testified that she would go to Palmer’s and Palmer- would arrange for Douthit to come supply the two of them with drugs.

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Bluebook (online)
68 F. App'x 616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-douthit-ca6-2003.