United States v. Ferguson

172 F. App'x 539
CourtCourt of Appeals for the Fourth Circuit
DecidedMarch 28, 2006
Docket05-4243
StatusUnpublished
Cited by2 cases

This text of 172 F. App'x 539 (United States v. Ferguson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth 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. Ferguson, 172 F. App'x 539 (4th Cir. 2006).

Opinion

PER CURIAM:

Dwayne Ferguson appeals his conviction and 765-month prison sentence for conspiracy to distribute heroin and cocaine base in violation of 21 U.S.C. § 846 (2000), possession with intent to distribute heroin and cocaine base in violation of 21 U.S.C. § 841(a)(1) (2000), maintaining a place for distribution of controlled substances in violation of 21 U.S.C. § 856 (2000), and possession of a firearm in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c) (2000). Finding no reversible error, we affirm.

Ferguson first challenges the sufficiency of the evidence for his conviction. In reviewing a sufficiency challenge, “[t]he verdict of a jury must be sustained if there is substantial evidence, taking the view most favorable to the Government, to support it.” Glasser v. United States, 315 U.S. 60, 80, 62 S.Ct. 457, 86 L.Ed. 680 (1942). This court has defined “substantial evidence,” in the context of a criminal action, as that evidence which “a reasonable finder of fact could accept as adequate and sufficient to support a conclusion of a defendant’s guilt beyond a reasonable doubt.” United States v. Burgos, 94 F.3d 849, 862 (4th Cir.1996) (en banc).

The Government presented sufficient evidence to prove that Ferguson directed the distribution of large quantities of cocaine and heroin. The Government established that Ferguson was instrumental in obtaining and maintaining an apartment and a house in order to store and distribute drugs. Ferguson knew of the firearms possessed by members of the conspiracy, including four found by the police at the house. The jury reasonably accepted as sufficient the evidence to support Ferguson’s conviction, and we have no authority to reweigh the evidence or disregard the jury’s determination as to the credibility of the witnesses.

Ferguson next claims that the district court abused its discretion when it denied his motion for a mistrial. The decision whether to grant a motion for a mistrial is left to the broad discretion of the trial court. United States v. Dorlouis, 107 F.3d 248, 257 (4th Cir.1997). During the Government’s questioning of a police detective, the Government asked when the police began focusing their investigation on Ferguson. While the district court sustained Ferguson’s objection and instructed the jury to disregard the question, the court denied Ferguson’s motion for a mistrial. The district court did not abuse its discretion because Ferguson failed to establish that the jury was prejudicially influenced by the Government’s question. See United States v. Seeright, 978 F.2d 842, 849 (4th Cir.1992). Any prejudice suffered by Ferguson was cured by the *542 district court’s limiting instructions. See United States v. Francisco, 35 F.3d 116, 119 (4th Cir.1994).

Ferguson next claims that the district court abused its discretion when it denied his motion for a continuance in order to secure the testimony of Shirley Elliott. A district court’s refusal to grant a continuance is reviewed for abuse of discretion. Morris v. Sloppy, 461 U.S. 1, 11-12, 103 S.Ct. 1610, 75 L.Ed.2d 610 (1983). Ferguson must show that the testimony sought was relevant and that he exercised due diligence. United States v. Clinger, 681 F.2d 221, 223 (4th Cir.1982).

Roderick Parker lived at a halfway house before he joined the drug conspiracy and testified that when Ferguson visited him he did not check in or sign a visitor’s log. Elliott allegedly would have testified that the policy of the halfway house was to have every visitor check in and sign the visitors log and Ferguson did not. The district court did not abuse its discretion because Ferguson failed to establish that Elliott’s testimony was relevant. Elliott’s testimony would have proven Ferguson’s name was not in the visitor’s log, but could not prove that Ferguson did not visit Parker. Regardless, the issue of whether or not Ferguson visited Parker was not worthy of a delay in the trial to secure Elliott’s testimony, especially considering that Ferguson had time to subpoena Elliott before the end of the trial, but did not do so. The district court did not err in denying Ferguson’s motion.

Ferguson also claims he was denied a fair trial due to comments made by the district court about witnesses and evidence. A new trial is required only if the court’s conduct “whether in commenting or in interrogating witnesses during trial reaches such a level of prejudice that it denied any or all the appellants a fair, as distinguished from a perfect, trial.” United States v. Parodi, 703 F.2d 768, 776 (4th Cir.1983). We have reviewed the record and find no instances of improper comments by the district court, much less any improper comments that were prejudicial.

Ferguson also claims that the district court abused its discretion when it allowed a Drug Enforcement Administration agent to testify about the local drug trade. See Kumho Tire Co. v. Carmichael, 526 U.S. 137, 152, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999). Distribution and prices of drugs are not facts commonly known to a jury, and expert testimony offered to help the jury understand the quantity and use of the drugs is relevant to the charged offense. This court has allowed government agents and police officers to testify as drug experts in numerous cases about the drug trade. See e.g., United States v. Hopkins, 310 F.3d 145, 150-51 (4th Cir.2002); United States v. Brewer, 1 F.3d 1430, 1435-36 (4th Cir.1993). Thus, we find no abuse of discretion.

Ferguson next claims the district court erred when it denied his motion for a new trial. Pursuant to Rule 33 of the Federal Rules of Criminal Procedure, a district court may grant a defendant’s motion for a new trial “if the interest of justice so requires.” Fed.R.Crim.P. 33

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181 F. App'x 522 (Sixth Circuit, 2006)

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Bluebook (online)
172 F. App'x 539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ferguson-ca4-2006.