United States v. Eddie David Cox

942 F.2d 1282
CourtCourt of Appeals for the Eighth Circuit
DecidedOctober 4, 1991
Docket90-1386
StatusPublished
Cited by38 cases

This text of 942 F.2d 1282 (United States v. Eddie David Cox) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. Eddie David Cox, 942 F.2d 1282 (8th Cir. 1991).

Opinion

BRIGHT, Senior Circuit Judge.

Eddie David Cox appeals his convictions on twelve separate counts of drug trafficking and related offenses. He disputes: (1) the validity of a search of his vehicle; (2) the sufficiency of the evidence supporting his convictions; (3) the nondisclosure of a witness cooperation agreement; and (4) *1284 the district court’s imposition of a $22,000 fine at sentencing. We reverse Cox’s conviction for conspiracy to distribute cocaine and vacate the fine imposed thereon, but affirm his convictions and sentence in all other respects.

I. BACKGROUND

In July 1989, an anonymous citizen reported to the police department in Kansas City, Missouri, that an armed individual had brandished a weapon at the citizen and his daughter. 1 The citizen described the suspect’s vehicle as a maroon Lincoln Continental, license plate number LLN 135, which had stopped at the corner of 36th and Walnut.

The police dispatcher contacted two patrol officers and told them to investigate a complaint about an armed individual driving a vehicle of the above description at the above location. When the officers arrived at the intersection, they found Cox standing next to a red Ford LTD bearing the above license number. His vehicle had a flat tire. The driver’s side front door hung partly ajar.

The first officer on the scene frisked Cox, but found no weapons. The second officer to arrive went directly to the vehicle, opened the front door and searched under the driver’s seat. He found a gun, handcuffs and police scanner. This prompted further inquiry, during which Cox claimed to be an undercover DEA agent. He produced government identification that appeared authentic.

As Cox showed signs of intoxication, the officers ticketed him for drunk driving. They then released him, and returned his weapon, believing Cox to be a federal officer.

In August 1989, Cox and an unidentified black male entered the home of Manuel Perez, holding themselves out as FBI agents. Cox demanded a kilogram of cocaine. When no kilogram was forthcoming, Cox searched the premises while the accomplice guarded the door. As a result of the search, Cox “confiscated” some $6,900 in cash, three ounces of cocaine and a revolver. Cox directed the operation and appeared to be in charge.

Cox returned to Perez’s residence three more times. On each occasion, Cox presented himself as a federal agent. On one occasion, Cox, accompanied by an unknown white male, took binoculars, a camera and a firearm. On another occasion, Cox left without incident. On the last occasion, Cox, accompanied by a black male, physically searched Perez but took nothing.

In September 1990, Cox approached a private security guard outside a bar. Cox identified himself as a DEA agent and inquired about the guard’s knowledge of local drug activity. He then left.

In a twelve-count indictment, the Government charged Cox with conspiracy to distribute cocaine (one count), possession with intent to distribute cocaine (one count), receiving a firearm as a convicted felon (two counts), interference with interstate commerce by threats of violence (Hobbs Act violations) (two counts), and impersonation of a federal officer (six counts). The jury returned convictions on all counts. The court imposed sentences (all concurrent) of life imprisonment on the conspiracy and firearms counts; thirty years on the possession with intent to distribute count; twenty years each on the Hobbs Act counts; and three years each on the impersonation counts.

This appeal followed.

II. DISCUSSION

A. Search of Vehicle

Cox first argues that the evidence discovered during the July 1989 drunk driving incident should have been suppressed because the police lacked justification for searching his vehicle. We disagree.

An anonymous tip corroborated by independent police work can carry suffi *1285 cient indicia of reliability to provide reasonable suspicion to make an investigatory stop. Alabama v. White, - U.S. -, 110 S.Ct. 2412, 2415-17, 110 L.Ed.2d 301 (1990). In this case, a citizen eyewitness reported an armed person driving a certain vehicle in a certain location. The police found a vehicle matching the caller’s description at the specified location. To be sure, the corroboration of a few readily obtainable details from an unknown caller might not justify a full-blown investigative stop of a driver in a moving vehicle. Id. 110 S.Ct. at 2417. Here, however, the stop caused a minimal intrusion into privacy because Cox was already stopped and standing outside his vehicle. Thus, under the circumstances, we think the police were justified in approaching Cox to further investigate the complaint.

Once engaged in a lawful investigatory stop, the officers were entitled to conduct a protective search of the surrounding area for weapons, given a reasonable belief that Cox posed a danger. See Michigan v. Long, 463 U.S. 1032, 1049-50, 103 S.Ct. 3469, 3480-81, 77 L.Ed.2d 1201 (1983). The very nature of the complaint gave the officers reason to suspect the presence of weapons. Moreover, the officers found Cox standing on the passenger side of the vehicle near an unlatched door. Thus, the officers’ protective search for weapons was reasonable under the circumstances.

B. Sufficiency of the Evidence

Much of Cox’s appeal focuses on the sufficiency of the evidence supporting the jury verdict. Well-established legal principles govern our review of challenges to a jury’s verdict. We will uphold a conviction if, taking the evidence most favorable to the Government, a reasonable jury could have found guilt beyond a reasonable doubt. E.g., United States v. Wainright, 921 F.2d 833, 835 (8th Cir.1990).

1. Drug Counts

With respect to his drug convictions, Cox contends that the Government failed to establish the substance taken from the Perez residence as cocaine. He also contends that the Government failed to establish his intent to distribute the alleged cocaine, or that a conspiracy existed for that purpose.

As to substance identification, Cox relies heavily on the fact that no one from Perez’s apartment personally used or tested the taken substance. We nonetheless believe that the jury could infer that Cox acquired cocaine. Most significantly, Cox demanded cocaine from a known dealer, received the substance in question, and later came back demanding more cocaine.

We also think that the jury could infer Cox’s intent to distribute the taken substance. On several occasions, Cox went to the residence of a known drug dealer in search of drugs and drug paraphernalia. On at least one occasion, Cox demanded a large quantity of cocaine, inconsistent with personal use. Cox also made sizeable cash deposits in his bank account after this incident.

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942 F.2d 1282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-eddie-david-cox-ca8-1991.