United States v. Foster Williams, III

514 F. App'x 379
CourtCourt of Appeals for the Fourth Circuit
DecidedMarch 25, 2013
Docket11-5148
StatusUnpublished

This text of 514 F. App'x 379 (United States v. Foster Williams, III) 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. Foster Williams, III, 514 F. App'x 379 (4th Cir. 2013).

Opinions

[381]*381Affirmed by unpublished PER CURIAM opinion. Judge GREGORY wrote a separate opinion concurring in the judgment.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Appellant Foster Gay Williams III (“Appellant Williams”) pleaded guilty to conspiracy to manufacture methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 846. At sentencing, the district court applied a three-level enhancement pursuant to United States Sentencing Guidelines (“U.S.S.G.”) § 2D1. 1(b)(13)(C)(ii) (2010). This enhancement applies when an offense involves the manufacture of methamphetamine and creates a substantial risk of harm to human life. Appellant Williams challenges the application of this enhancement on the ground that he did not endanger anyone other than himself while manufacturing methamphetamine, and, therefore, the enhancement should not apply in as much as to apply the enhancement in such a circumstance would, in essence, make the enhancement applicable in all methamphetamine manufacturing cases, thereby defeating the purpose of an “enhancement.” Because we conclude that Appellant Williams’ actions did, in fact, pose a substantial risk of harm to the lives of others, and not simply his own, we affirm.

I.

A.

Appellant Williams manufactured methamphetamine using what is known as the “shake and bake” method. This increasingly popular method of methamphetamine manufacture involves mixing an assortment of common household chemicals— including Coleman fuel, drain opener, ammonium nitrate (found in cold pack compresses), lithium (found in batteries), and pseudoephedrine (found in over-the-counter cold medication) — in a medium-sized plastic bottle causing a series of chemical reactions to take place. Once those reactions have taken place, the manufacturer creates a gaseous mixture in a second bottle using either sulfuric or muriatic acid. The second bottle has a hose attached to it, which the manufacturer uses to spray the gas onto the liquid which is contained in the first bottle. This process, known as “smoking,” causes solid methamphetamine to precipitate. Once the resulting solid is filtered, the process is complete. Ultimately, this process takes roughly two hours and yields approximately one and a half grams of methamphetamine.

Though simple, this method of methamphetamine manufacture is very dangerous.1 The Presentence Report (“PSR”) notes that the mixture described above is “bomb-like” and “capable of exploding or ‘blowing a hole’ wherein the mixture of chemicals and fire shoots out creating a flash fire.” J.A. 94. Moreover, the shake and bake method “does not produce the signature ‘chemical smell’ of a traditional methamphetamine lab, therefore, persons within a close proximity have no warning that they are in danger.” Id.

The district court concluded that Appellant Williams manufactured methamphetamine using this method at two separate locations: (1) his home — a trailer in Jun[382]*382ior, West Virginia; and (2) the Econo Lodge motel in Elkins, West Virginia.

1.

In late 2010, police in Junior, West Virginia, learned from an informant that Appellant Williams was involved in the manufacture of methamphetamine. On January 28, 2011, police conducted surveillance on Appellant Williams’ single-wide trailer. The trailer was in a remote area, 75-100 yards from the nearest occupied residence. Police observed blankets covering the windows of the trailer and smelled a strong chemical odor coming from within.

On February 2, 2011, police executed a search warrant at the trailer and found items typically used to manufacture and ingest methamphetamine. Specifically, the items located at the trailer were: a syringe on the coffee table, a box with four additional syringes, burned foil, a smoking pipe made out of a light bulb, three syringes on the bedroom dresser, various syringes in the bathroom, a jar with a hose taped to the lid, a can of Coleman fuel, a bottle of muriatic acid, batteries cut in two, and rubber gloves. Outside the trailer, police found a burn pile, an empty can of Coleman fuel, and rubber gloves. Several items found inside the trailer — including the light bulb, the spoon, and the straw— tested positive for methamphetamine and pseudoephedrine.

2.

On February 8, 2011, members of the West Virginia State Police learned from an informant that Appellant Williams was staying in Room 131 of the Econo Lodge motel in Elkins, West Virginia. The informant also indicated that there was an active warrant for Appellant Williams’ arrest. Later that day, three state police officers traveled to the motel. When they arrived, they confirmed that Appellant Williams was indeed staying at the Econo Lodge, that he had been there for four days, and that he was scheduled to check out later that day. The officers also obtained a key to Appellant Williams’ room from the hotel clerk.

The officers then went to Appellant Williams’ room, knocked on the door, and announced their presence. When no one answered, they entered the room, only to find it unoccupied. While in the motel room, one of the officers observed a backpack in plain view. The officers also observed that the backpack was partially open and that it contained a bottle connected to a hose.

Police then exited the room and hid nearby, waiting for Appellant Williams to return. When he did, he walked up to the door and attempted to open it. Finding it locked, he started walking toward the lobby. The officers interceded and placed him under arrest. Following the arrest, the officers asked Appellant Williams what was inside the room. Appellant Williams stated that the motel room contained a backpack containing items to manufacture methamphetamine. Despite this admission, Appellant Williams denied ownership of the materials, claiming they belonged to his girlfriend. Appellant Williams was then taken into custody.

Thereafter, a certified lab technician arrived on the scene. By that time, Appellant Williams had already been taken to magistrate court, where he signed a written consent form authorizing a search of the motel room. Pursuant to that authorization, the technician proceeded to search the room.

During the search, the technician found all of the materials necessary to manufacture methamphetamine. Specifically, inside the backpack, the technician found: a hose connected to a plastic bottle, a gallon [383]*383of Coleman fuel, a quart of hydrochloric acid, a lithium battery, drain opener, bottles, hoses, and a Gatorade bottle that contained a white paste-like substance. Lab reports later concluded that the white paste in the Gatorade bottle was dissolved pseudoephedrine.2 In addition to the items found in the backpack, the technician found a one pint bottle of clear liquid, a receipt for the purchase of Coleman fuel, a box of sleeping pills, and instant ice compressors. He also found three syringes and a spoon inside the night stand. And, on February 8, Appellant Williams’ girlfriend posted a picture to her Facebook account of her in the Econo Lodge captioned “up partying all night long.” J.A. 110.

3.

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Bluebook (online)
514 F. App'x 379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-foster-williams-iii-ca4-2013.