United States v. Eric Antonio Parker

997 F.2d 219, 1993 U.S. App. LEXIS 16193, 1993 WL 264966
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 6, 1993
Docket92-5200
StatusPublished
Cited by43 cases

This text of 997 F.2d 219 (United States v. Eric Antonio Parker) 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. Eric Antonio Parker, 997 F.2d 219, 1993 U.S. App. LEXIS 16193, 1993 WL 264966 (6th Cir. 1993).

Opinions

ORDER

The opinion decided and filed on May 18, 1993 is . hereby ORDERED withdrawn.

BOYCE F. MARTIN, JR., Circuit Judge.

Eric Antonio Parker appeals his jury convictions for conspiracy to possess and to distribute cocaine, in violation of 21 U.S.C. § 846, and possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). Parker was sentenced to life imprisonment for his role in a major cocaine distribution ring in Memphis, Tennessee. For the following reasons, we reverse both convictions and remand the case for a new trial.

In 1990, law enforcement officers conducted surveillance activity in Tennessee and Florida to investigate drug trafficking by several individuals in Memphis. On October 9, police observed Steve Ross carrying a silver plastic bag into the Oxford Shop in Memphis from a red Cadillac in which Parker was a passenger. Elbert Payne later carried three silver bags out of the store. Payne got into a black Mustang operated by an undercover law enforcement officer. The undercover officer determined that one of Payne’s bags contained two kilograms of cocaine after observing Payne open a shoebox within one of the bags and inhale some of the powder. Payne then commented that the cocaine was strong. Payne subsequently distributed the contents of the bag to individuals at a residence on White Rock Street and at a Shoney’s restaurant in Memphis.

Several hours later, Brian Chambers, an agent of the Drug Enforcement Agency, arrested Parker inside the Oxford Shop based upon an outstanding warrant from Tallahassee, Florida. After Parker’s arrest, Brian Chambers asked Parker for his cooperation in investigating cocaine distribution in Memphis while Parker and Chambers were riding from the Oxford Shop to the office of the Drug Enforcement Agency. Parker admits that he received the warnings required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), before making any inculpatory comments, but Parker alleges that Chambers also told him that his statements would not be used against him and that he would be sent to Florida to face charges there. Parker believed that another individual, Tavin Chandler, was the target of the investigation.

Parker agreed to cooperate and provided basic information about methods of transporting cocaine and the identity of significant customers. Parker told Chambers that he bought cocaine in Miami or Houston for $24,-000 to $25,000 per kilogram and that he sold it to Tavin Chandler or Elbert Payne for $29,000 to $30,000 per kilogram. Parker indicated that the distribution activities began in January or February of 1990 and continued until his arrest. In addition, he stated that Marvin McGuire, James White, Harold Beame, and Steve Ross were involved in the distribution effort, which involved shipments of ten to fifteen kilograms approximately two times per month.

After discussing the distribution scheme, Parker agreed to telephone his associates and arrange additional transactions to implicate the others. With Parker’s consent, law enforcement officers recorded phone conversations between Parker, Ross, Payne, and Tavin Chandler. Parker was unable to arrange any new transactions.

On December 10, a federal grand jury returned an eleven-count indictment against Parker and several others. On March 20, 1991, the same grand jury returned a thirteen-count superseding indictment. Count one charged Parker and six other men with conspiracy to possess and distribute cocaine from January 1, 1990 through October 31, 1990. The third count charged Parker, Elbert Payne, and Steve Ross with possession with intent to distribute approximately two kilograms of cocaine on October 9, 1990, the [221]*221day of Parker’s arrest. Parker was not charged in any other counts of the indictment.

The district court granted a motion by Parker to sever his case from the trial of his co-defendants. The court also granted Parker’s motion to suppress evidence regarding items found in a residence where Parker lived. The court, however, denied Parker’s motion to suppress evidence of Parker’s statements made upon his arrest and subsequent conversations that were tape-recorded by the United States with Parker’s consent.

On April 19, 1991, a jury found Parker guilty on both the conspiracy charge and possession with intent to distribute cocaine. On December 6, the district court imposed a sentence of life imprisonment without parole pursuant to 21 U.S.C. § 841(b)(1)(A). Parker filed a timely notice of appeal.

There were four errors below that cumulatively necessitate reversal of the convictions. Taken in isolation, these errors may be considered harmless. See Chapman v. California, 386 U.S. 18, 24, 87 S.Ct. 824, 828, 17 L.Ed.2d 705 (1967) (holding that an error is harmless if it appears “beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.”) After examining them together, however, we are left with the distinct impression that the due process was not satisfied in this case. See Walker v. Engle, 703 F.2d 959, 962 (6th Cir.), cert. denied, 464 U.S. 951, 104 S.Ct. 367, 78 L.Ed.2d 327 (1983) (holding that errors that may be deemed harmless if standing alone may cumulatively amount to a denial of due process).

First, Chambers disclosed at trial that charges for “conspiracy to distribute” were pending against Parker in Tallahassee, Florida. Parker moved for a mistrial based on this disclosure, but the district court denied the motion. We review a district court’s denial of a motion for mistrial under an abuse of discretion standard. United States v. Levy, 904 F.2d 1026, 1030 (6th Cir.1990), cert. denied sub nom. Black v. United States, 498 U.S. 1091, 111 S.Ct. 974, 112 L.Ed.2d 1060 (1991). The introduction of this evidence was error. In United States v. Terry, 729 F.2d 1063, 1070 (6th Cir.1984), we noted that “[o]ne sure way to destroy [the] presumption [of innocence] is for a seasoned officer to interject an ‘inadvertent’ remark about a defendant’s criminal history.” This court’s role on review is to determine whether the errors “so adversely affected the rights of the defendant as to compel reversal.” 729 F.2d at 1070. The district court instructed the jurors to disregard the “part of the answer which was conspiracy to distribute.” This curative measure was insufficient to overcome the prejudicial impact of Chamber’s remark.

Second, the United States introduced into evidence a photograph of an unidentified baby playing with large sums of money. The photograph was seized from Tavin Chandler’s residence two months after Parker’s arrest.

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Bluebook (online)
997 F.2d 219, 1993 U.S. App. LEXIS 16193, 1993 WL 264966, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-eric-antonio-parker-ca6-1993.