United States v. Emerson

501 F.3d 804, 74 Fed. R. Serv. 519, 2007 U.S. App. LEXIS 21452, 2007 WL 2566005
CourtCourt of Appeals for the Seventh Circuit
DecidedSeptember 7, 2007
Docket05-3303, 05-3336
StatusPublished
Cited by54 cases

This text of 501 F.3d 804 (United States v. Emerson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Emerson, 501 F.3d 804, 74 Fed. R. Serv. 519, 2007 U.S. App. LEXIS 21452, 2007 WL 2566005 (7th Cir. 2007).

Opinion

BAUER, Circuit Judge.

Sherman Emerson and William E. Ingram were already known to law enforcement when a confidential informant, Edwin Douglas, contacted Detective Kenneth Martinez of the Indianapolis Police Department in November of 2004 about Ingram’s interest in committing “licks” or “drug rips” — robbing drug dealers of their drugs. At that time, Ingram had prior convictions for dealing in a sawed — off shotgun, criminal confinement, receiving stolen property, and intimidation. He and Emerson also had been charged with murder arising from an earlier lick. The Indianapolis Police Department referred the matter to federal authorities, who launched a sting operation that nabbed Ingram and Emerson, as well as four other individuals. Only Ingram and Emerson proceeded to trial, where a jury convicted them of conspiracy to possess with intent to distribute more than five kilograms of cocaine, in violation of 21 U.S.C. § 841(a)(1). The jury also convicted Ingram of carrying a firearm in furtherance of a drug-trafficking crime and being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 924(c) and 922(g), respectively. Ingram and Emerson appeal their convictions and sentences. We affirm.

I. Background

A. The Sting

Posing as a dealer for a cocaine trafficker, Special Agent Carlos Canino of the *809 Bureau of Alcohol, Tobacco, Firearms and Explosives met with Ingram at an Indianapolis hotel on November 19, 2004. The meeting was recorded by video and audio. At the meeting, “Carlos” represented to Ingram that he was branching out on his own in the cocaine-trafficking business and that his boss was sending twenty kilograms of cocaine from Miami to Indianapolis a few weeks later. Carlos invited Ingram, Douglas, who had driven Ingram to the hotel, and others to steal the cocaine: Carlos would receive 10 kilos; the other 10 kilos would go to Douglas, Ingram, and their associates.

Ingram is heard on the surveillance tape discussing his interest in committing the robbery. He also described his plan for the robbery. Ingram explained to Carlos that he would put together a crew of six “killers,” who would be armed and wearing masks. Ingram further stated that he carried a “9,” or 9 mm pistol, and that he kept 17 shots. He considered the robbery of 20 kilos of cocaine a “lifetime opportunity,” stating that he had been planning such a robbery for over two years. He even informed Carlos that he had committed a similar robbery a week earlier. Before the meeting ended, Ingram agreed to return to the hotel the following night so that Carlos could meet Ingram’s associates and they could continue to plan the .lick.

Driven by Douglas, Ingram returned to the hotel the following night. Also present for the meeting were Carlos, defendant Emerson, Deandre Douglas (“D. Douglas”), and Roderick Nelson. Like the meeting the previous night, this meeting was monitored and videotaped. For the benefit of everyone present, Ingram described the plan: there were' 20 “birds,” or kilos, of cocaine; there “would be six of us going in;” and everyone would be masked and armed. They would put the Mexicans on their backs, tie them up, and take the 20 birds. Each person who participated would receive a “bird.” He also said that they knew how to do robberies because they had done them before.

Emerson asked when the lick would occur and whether the warehouse in which the cocaine was being stored would be left open. He also expressed concern that he could not participate in the lick because he did not have a “heater,” or gun. When Carlos asked if anyone had any questions, Emerson responded, “I’m used to it, I ain’t got no questions.” Carlos also asked Ingram if those present constituted the team. Ingram replied that there might be one more and that he had wanted to bring his guys to the meeting so that they could meet him, Carlos.

As the meeting was ending, Carlos informed everyone that he was returning to Miami the next day and that he would be back in Indianapolis two weeks later to await the shipment of cocaine. Carlos and Ingram then made arrangements for Carlos to contact Ingram when he returned to Indianapolis.

Between November 20 and December 4, 2004, Douglas recorded conversations between himself, Ingram, and others, including a conversation that occurred on December 2 between himself, Ingram, and Emerson. During this conversation, Ingram informed Emerson that the other participants in the “Carlos robbery” did not want Emerson involved because of statements purportedly made by Emerson that he wanted to kill the Mexicans who were delivering the cocaine. Emerson also had not yet obtained a gun. Ingram told Emerson that he would not be allowed to participate in the lick itself but that he, Emerson, would nonetheless receive some of the cocaine from the lick.

. On December 4, Ingram, Douglas, D. Douglas, Daniel Cannon, and Nelson met Carlos at the same hotel. Again, this meeting was monitored and videotaped. *810 The group plotted their final strategy for the robbery. Carlos informed everyone that his cocaine supplier would contact him the next morning with the location of the delivery. He instructed the group that they would follow him to a storage facility to pick up a vehicle and then follow him to the delivery site. Carlos said that he had rented a hotel room at a Lee’s Inn that night and directed everyone to stay there that night or to arrive there by early morning so that they would be ready when he received the call from his supplier. He gave Douglas a key to the hotel room.

The following morning, Carlos met Ingram, Douglas, D. Douglas, Mann, Cannon, and Stephan Coleman at the Lee’s Inn. They told Carlos that they were ready for the robbery. Carlos led Ingram and the others to a storage facility, where he separated himself from the others and gave an arrest signal. At the signal, Ingram and the others were arrested. Emerson was arrested at his home later.

A search was conducted of the van that Mann had driven with Cannon and Douglas as passengers. The search uncovered four guns, ski masks, and duct tape. Later, Ingram and Mann had a conversation while they were inside a U.S. Marshal Service transport van. Without their knowledge, the conversation was recorded. During the conversation, Mann asked Ingram how many heaters were in the gym bag. Ingram responded, “1, 2, 3, it should have been 3.” Ingram also said that he had thrown away a mask and stocking cap once it was apparent that the police were there. He also spoke of having obtained a gun from “Dre,” ie., Mann.

B. District Court Proceedings

At trial, the government’s evidence consisted primarily of Agent Canino’s testimony and videotapes of the meetings at the hotel. Over the defendants’ objections, the government also introduced the tape of the December 2 conversation between Douglas, Ingram, and Emerson and the recording from the U.S. Marshal Service transport van. Emerson did not testify or introduce any evidence in his defense.

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Cite This Page — Counsel Stack

Bluebook (online)
501 F.3d 804, 74 Fed. R. Serv. 519, 2007 U.S. App. LEXIS 21452, 2007 WL 2566005, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-emerson-ca7-2007.