United States v. Eddie Jerald Brooks

270 F. App'x 847
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 21, 2008
Docket07-11967
StatusUnpublished

This text of 270 F. App'x 847 (United States v. Eddie Jerald Brooks) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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 Jerald Brooks, 270 F. App'x 847 (11th Cir. 2008).

Opinion

PER CURIAM:

Charles Brooks appeals his convictions and sentences for: (1) conspiracy to possess with intent to distribute 50 grams or more of crack cocaine (Count I); (2) possession with intent to distribute crack cocaine on January 13, 2006 (Count IV); and (3) possession with intent to distribute 5 grams or more of crack cocaine on January 24, 2006 (Count V). Charles’s son, Eddie Brooks, appeals his convictions and sentences for: (1) conspiracy to possess with intent to distribute 50 grams or more of crack cocaine (Count I); (2) possession with intent to distribute crack cocaine on January 13, 2006 (Count IV); and (3) possession with intent to distribute crack cocaine on February 3, 2006 (Count VII). Charles and Eddie each assert three issues on appeal, and Eddie adopts Charles’s issues. We address each of the issues on appeal in turn, and affirm their convictions and sentences.

I.

Both Charles and Eddie assert the district court abused its discretion by not granting Charles’s motions to sever. Charles contends the district court erred by not granting his motions for relief from prejudicial joinder. According to Charles, the district court admitted several pieces of evidence, admissible against Eddie, that did not necessarily relate to Charles and that were highly prejudicial, including Eddie’s testimony regarding the firearms that were found in Eddie’s and Charles’s Math-ers Street house prior to the start of the conspiracy. Finally, Charles contends the jury’s split verdict demonstrates its lack of confidence in the evidence. Eddie adopted this argument in his brief.

“We review a district court’s ruling on a severance motion only for abuse of discretion.” United States v. Kennard, 472 F.3d 851, 859 (11th Cir.2006), cert. denied, - U.S. -, 127 S.Ct. 3004, 168 L.Ed.2d 732 (2007). In order “[t]o reverse a conviction because of an improper denial of a severance, a defendant must carry the ‘heavy burden’ of demonstrating that he ‘suffered compelling prejudice’ and received an unfair trial.” Id. at 858-59.

“The permissibility of joint trials is governed by Rules 8 and 14 of the Federal Rules of Criminal Procedure.” United States v. Blankenship, 382 F.3d 1110, 1120 (11th Cir.2004). Pursuant to Rule 8(b):

The indictment or information may charge 2 or more defendants if they are alleged to have participated in the same act or transaction, or in the same series of acts or transactions, constituting an offense or offenses. The defendants may be charged in one or more counts *849 together or separately. All defendants need not be charged in each count.

Fed.R.Crim.P. 8(b). Rule 14(a) provides: “If the joinder of offenses or defendants in an indictment, an information, or a consolidation for trial appears to prejudice a defendant or the government, the court may order separate trials of counts, sever the defendants’ trials, or provide any other relief that justice requires.” Fed. R.Crim.P. 14(a) (emphasis added).

In general, defendants who are jointly indicted, particularly in conspiracy cases, should be tried together. United States v. Baker, 432 F.3d 1189, 1236 (11th Cir.2005). However, “[sjeveranee may be granted at the discretion of the district court if the court determines that prejudice will result from the joinder.” Id. “[A] district court must balance the right of the defendant to a fair trial against the public’s interest in efficient and economic administration of justice.” Id.

In Zafiro v. United, States, 506 U.S. 534, 113 S.Ct. 933, 122 L.Ed.2d 317 (1993), the Supreme Court established a two-part test for determining whether the defendant is entitled to a new trial. Blankenship, 382 F.3d at 1122. “First, a defendant must demonstrate that he was somehow prejudiced by a joint trial.” Id. “This is done by showing that the jury was unable to make an individualized guilt determination for each defendant.” United States v. Francis, 131 F.3d 1452, 1459 (11th Cir.1997). “ ‘This is a heavy burden, and one which mere conclusory allegations cannot carry.’ ” Id. (citation omitted). “ ‘[C]autionary instructions to the jury to consider the evidence separately are presumed to guard adequately against prejudice.’ ” Id. (citation omitted). Importantly, “a defendant does not suffer ‘compelling prejudice simply because much of the evidence at trial is applicable only to his codefendants,’ ... even when the disparity is ‘enormous.’ ” Baker, 432 F.3d at 1236 (citations omitted). “After finding that a defendant has suffered prejudice under step one of the Zafiro test, we then turn to the second step — determining whether severance ... is the proper remedy for that prejudice.” Blankenship, 382 F.3d at 1122.

The district court did not abuse its discretion by denying Charles’s and Eddie’s motions to sever. Both Charles and Eddie were jointly indicted for the same conspiracy. Because a joint trial is generally appropriate in such a case, Charles and Eddie bore the “heavy burden” of demonstrating that severance was nonetheless appropriate because he “suffered compelling prejudice and received an unfair trial.” See Kennard, 472 F.3d at 858-59; Baker, 432 F.3d at 1236. Charles claims a significant portion of the evidence presented by the Government was highly prejudicial and mainly implicated Eddie and not him. However, Charles cannot demonstrate compelling prejudice by claiming the evidence used at trial was only applicable against Eddie. See Baker, 432 F.3d at 1236. Further, the bulk of the evidence to which Charles complains was relevant and admissible against him to demonstrate the existence and scope of the conspiracy and prove the firearm charges in Count VIII of the indictment.

Charles also contends he was prejudiced by Eddie’s testimony, as well as the Government’s rebuttal evidence, which concerned weapons found in the Mathers Street house prior to the conspiracy’s start date. However, Charles has not shown he suffered compelling prejudice with regard to that evidence because the jury acquitted Charles of the charge relating to the firearms. See Francis, 131 F.3d at 1459. In addition, although Eddie adopted this argument in his brief, his wholesale adoption of these arguments, many of which were particular to Charles, fails to meet Eddie’s burden of demonstrating that he too suf *850 fered compelling prejudice and received an unfair trial.

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Bluebook (online)
270 F. App'x 847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-eddie-jerald-brooks-ca11-2008.