United States v. Edgecombe

107 F. App'x 532
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 17, 2004
DocketNo. 03-1615
StatusPublished
Cited by2 cases

This text of 107 F. App'x 532 (United States v. Edgecombe) 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. Edgecombe, 107 F. App'x 532 (6th Cir. 2004).

Opinion

PER CURIAM.

Charles Nathaniel Edgecombe appeals from his jury convictions for drug trafficking crimes. He asserts various evidentiary and other trial errors. The evidence against Mr. Edgecombe was overwhelming, and many of his allegations of error have been forfeited in whole or part through a failure to object at trial. With these considerations in mind, we affirm.

I

Edgecombe was indicted on April 17, 2002, and charged with two counts: distributing cocaine, in violation of 21 U.S.C. § 841(a)(1), and use of a communication facility (a telephone) to facilitate distribution of cocaine, in violation of 21 U.S.C. § 843(b).

On January 30, 2002, sheriffs deputies in Marquette, Michigan, received a tip that Edgecombe was selling drugs at the Value Host Motel. On the same day, they contacted a civilian informant, Jeffrey Dooley, and enlisted him in a controlled buy operation. Dooley had been arrested on January 10 for delivering cocaine, which he testified that he had bought from Edgecombe.

The sting began later on January 30, with a cellular phone call from Dooley to Edgecombe, which the police recorded. A tape of this call was later played for the jury. Both Dooley and Deputy Sheriff Mike Aalto, who participated in the operation, identified Edgecombe’s voice on the tape. (Aalto had spoken with Edgecombe before this operation.) On the tape, Dooley asked Edgecombe for “a couple” or “two.” He testified at trial that this referred to grams of cocaine. Edgecombe replied, “I’ll come over there.” Shortly thereafter, a large blue Cadillac with two black males drove by, turned around, and left. Dooley recognized it as Edgecombe’s car, and concluded that Edgecombe left because he got “spooked.” Lieutenant Jeff Racine, another investigating officer, also watched the car from Dooley’s window.

Edgecombe called back and asked Dooley to meet him at the local Burger King. Deputy Aalto and Lt. Racine gave Dooley $200 in buy money and searched him, then tailed Dooley’s car to the Burger King and parked nearby. By then it was night. A third officer, Detective Hunter, also parked his unmarked car in the McDonald’s parking lot across the street, giving him another vantage point on the deal.

When Hunter arrived on the scene, he found a blue Cadillac already parked at the Burger King. Edgecombe and another man emerged from the restaurant with a food bag and got in the Cadillac. They drove off in the direction of the Value Host Motel. Dooley then arrived in his car.

Shortly thereafter, the blue Cadillac returned. (Dooley testified that he had telephoned Edgecombe while waiting, and Edgecombe had said he had been there already, but would return.) The Cadillac drove right past Hunter’s parked car, and Detective Hunter visually identified Edgecombe as a passenger. Dooley got out and approached the passenger side of the Cadillac. He leaned in. Then he returned to his car and left. The Cadillac left and drove off in the direction of the Value Host Motel. None of the officers directly observed an exchange between Edgecombe and Dooley.

Police followed Dooley to a predetermined rendezvous. They recovered from [535]*535the back seat of Dooley’s car a Burger King bag that contained approximately 1.8 grams of cocaine.

Dooley’s testimony played an important part in the trial. He recounted that he walked over to Edgecombe’s car to talk to him, gave him $200, and then saw Edgecombe throw the paper bag with drugs through Dooley’s car window, where it landed in the back seat. Dooley testified that he believed there were four men in the car. On cross-examination, Edgecombe’s counsel challenged the accuracy of Dooley’s recollection. He elicited an admission that Dooley had earlier told the grand jury that he did not get out of his car during the drug exchange. Dooley replied, “It was a year ago. I don’t recall everything exactly.”

Dooley testified that he recognized Edgecombe because he had met him several times before, and had bought drugs from him at least once. In particular, Dooley testified that he saw Edgecombe once or twice a week for “the last couple of months” prior to the buy, and that he had bought drugs from him on “many occasions.” This testimony conformed to an earlier evidentiary ruling of the trial court. The court had held that evidence concerning Dooley’s earlier drug transactions with Edgecombe was admissible to show that Dooley knew Edgecombe and could recognize him, but it instructed the prosecution to limit such evidence to “a month or two before, a month or two [ajfter” the date of the bust.

Dooley acknowledged at trial that he had been arrested for drugs prior to the January 30 arrest of Edgecombe, and that he had originally agreed to be an informant as part of a deal to obtain leniency from the Marquette County Prosecutor. However, he testified that by the time of Edgecombe’s trial, the deal had fallen through (because Dooley had kept using drugs). At the time he testified, neither the state nor the United States had promised him any benefit for testifying against Edgecombe.

Edgecombe’s counsel attempted to cross-examine Dooley about a prior arrest for domestic violence. The trial court sustained the government’s objection on the ground of relevance. Dooley recollected, with some hesitation, that there were probably four men in the Cadillac; the officers’ testimony had only made reference to two men.

Deputy Aalto, Lt. Racine, and Detective Hunter also testified at trial, reporting the observations attributed to them above. All three identified Edgecombe as the passenger in the Cadillac. The government also presented evidence from the desk clerk at the Value Host Motel, who testified that Edgecombe was a guest on January 30, 2002, the day of the controlled buy. The clerk, Jessica Shandonay, knew “Nate” (the defendant) slightly, and recalled that she was surprised to see him at the hotel, since he lived in town. Finally, the government bolstered its case by playing for the jury a surveillance videotape secretly taken in the home of Dooley’s girlfriend in March 2002, as part of the investigation of Edgecombe. On the tape, Edgecombe converses with Dooley and his girlfriend. The government’s brief asserts that, on the tape, Edgecombe calls Dooley by his first name, and states that he will have to take time off from work because UPSET (the Marquette anti-drug task force, to which Aalto, Racine, and Hunter all belonged) was putting pressure on him. Edgecombe has not contested the government’s description of the videotape’s contents.

Edgecombe put on one witness: Anthony Stewart, a boxing coach at a nearby college and an acquaintance of Edgecombe. Stewart testified that it was he [536]*536who drove the blue Cadillac on January 30, 2002, and that there were three other men in the car with him. In this telling, Stewart drove, Edgecombe was in the back seat with his cousin Jason and the passenger in the front seat was, not Edgecombe, but a man known only as “Crazy-Eyed Jay.” Stewart testified that Crazy-Eyed Jay told him he had to meet someone at the Burger King. When the men arrived at Burger King, a light-colored car drove up and a white man got out (Dooley is white) and talked to Crazy-Eyed Jay. Jay reached for the Cadillac’s door handle, and “someone in the back” yelled, “Don’t get out of the car. Throw it in there to him.” Jay then threw something small in the driver’s side of the other car.

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Bluebook (online)
107 F. App'x 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-edgecombe-ca6-2004.