United States v. Franklin Lamar Williams

262 F. App'x 165
CourtCourt of Appeals for the Eleventh Circuit
DecidedJanuary 10, 2008
Docket07-12921
StatusUnpublished

This text of 262 F. App'x 165 (United States v. Franklin Lamar Williams) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Franklin Lamar Williams, 262 F. App'x 165 (11th Cir. 2008).

Opinion

PER CURIAM:

Franklin Williams appeals his conviction and sentence for possession with the intent to distribute five grams or more of cocaine base (“Count 1”), and possession with intent to distribute fifty grams or more of cocaine base (“Count 2”), both in violation of 21 U.S.C. § 841(a)(1). He argues that: (1) the district court erred when it commented to the jury, after the government rested, that, at that time, the case “shifts to the defendant;” (2) there was insufficient evidence to support his convictions; and (3) the district court abused its discretion in denying his presentence motion for a psychiatric examination. 1 We AFFIRM.

I. BACKGROUND

Williams, represented by trial counsel of his choice, James L. Hardin, 2 pled not guilty to each count of possession with intent to distribute cocaine base. Hardin filed numerous pretrial motions on Williams’s behalf, but he never moved to have Williams psychologically examined.

At trial, the government called as its first witness DEA Agent Stephen Tinsley, who testified that he began investigating Williams after he received a telephone call from a local drug agent about Williams’s purported involvement in distributing cocaine and other drugs. The local drug agent had learned of Williams through a confidential informant (“Cl”).

Tinsley testified that the Cl, who was still cooperating with the government, made two controlled buys from Williams. 3 Tinsley testified that on 3 August 2006, the Cl contacted Williams by telephone and set up a controlled purchase for later that day. Immediately prior to the controlled buy, Tinsley and other agents searched the Cl and his vehicle, and determined that he did not have any cocaine or other drugs on him at the time. The agents wired the Cl, handed him digital scales and $1,900 in marked bills, and instructed him to purchase two ounces of cocaine from Williams. The agents followed the Cl to the prearranged meeting location, which was a residence in which Williams frequently slept, and they set up surveillance and observed the Cl enter that residence.

Tinsley explained that the agents were unable to record the entire conversation *167 between Williams and the Cl, even though the Cl was wired, because the tape ran out of space. Nevertheless, the agents were able to monitor the entire conversation. Tinsley testified that, after the tape ran out, he overheard Williams and the Cl discussing the weight of the cocaine as they were adding or removing amounts of cocaine from the digital scales in order to ensure that the Cl received the correct quantity of cocaine.

Tinsley explained that the agents later observed the Cl exit the residence and get into his car, and they followed him to a prearranged location. Once they arrived at the prearranged location, Tinsley observed the Cl “immediately” hand the cocaine over to one of the other agents. R3 at 23. Tinsley testified that the Cl was only able to purchase one ounce of cocaine, instead of the two ounces he was instructed to purchase. Accordingly, he was able to return $950 in marked bills to the agents. After that, the agents again searched the Cl and his car, and determined that he did not have any other drugs on him.

As for the second purchase, Tinsley testified that the Cl and Williams again spoke on the telephone and arranged a meeting to purchase two ounces of cocaine for 9 August 2006. Tinsley explained that, prior to the meeting, the agents followed the same procedures as before: they searched the Cl and his automobile, wired him, and provided him with $1900 in marked bills. The Cl, still under surveillance at the time, arrived at the prearranged meeting location, and spoke to Williams and others. Tinsley indicated that he overheard the Cl and Williams discussing the quantity of cocaine that the Cl wanted to purchase and Williams informing the Cl that he needed to pick up an individual named Harry Dixon to cook the powder cocaine into crack cocaine.

Tinsley testified that the tape used by the agents to record the second controlled buy ran out of space as well. After the second tape ran out, Tinsley overheard Williams, Dixon, and the Cl cooking the cocaine and discussing its quality. After the controlled buy, Tinsley met with the Cl at a predetermined location, the Cl handed Tinsley the crack cocaine, and Tinsley searched the Cl for any additional drugs.

Tinsley testified that he copied the tape recordings onto compact disks. The government later introduced these recordings into evidence, without objection. Tinsley also identified the transcripts of the tapes that he, another agent, and the Cl had prepared, and he testified that: (a) the contents of the transcripts were accurate, to the best of his knowledge; (b) he was familiar with the Cl’s voice because he had worked with the Cl on a number of occasions; (c) he was familiar with Williams’s voice because he had overheard officers speaking with Williams during the execution of a search warrant, and he had personally spoken with Williams at various court proceedings; (d) he was “one hundred and ten percent” certain that he could recognize Williams’s voice correctly; and (e) the transcripts accurately identified the speakers on the tape. Id. at 33. The transcripts were then introduced, without objection, “only for the purposes of the record ... and [for] the jury [to] be allowed to utilize [them]” as the tapes were played. Id. at 33-34. The district court provided a limiting instruction that the jury should decide for itself whether the transcripts accurately reflected the contents of the conversations and the identity of the speakers, and, if the transcripts did not, then the jury should disregard them to the extent they were inaccurate.

Before playing the recordings for the jury, Tinsley testified that, based on his *168 training and experience as a DEA agent, he was familiar with drug lingo. He explained that the word “hard” referred to crack cocaine; the word “soft” referred to powder cocaine; and the phrase “oz” referred to ounces. Id. at 13. Tinsley also testified that the recordings being played at trial did not represent the complete recordings of the telephone conversations. The government then played the recordings for the jury, and Williams made no evidentiary objection.

In the first recorded conversation between the Cl and Williams, which took place on 3 August 2006, the Cl informed Williams that he wanted to purchase two ounces of the “hard brother,” and Williams responded that “it” was “on the way.” R.Exh—Tab 3 at 1-2. 4 In the second conversation between the Cl and Williams, recorded that same day, the Cl agreed to purchase from Williams two of “[i]t” for “19”—presumably referring to the purchase of two ounces of cocaine for $1900. R.Exh.-Tab 4 at 1. In the third conversation between the Cl and Williams from 3 August, it is apparent that Williams thought that the Cl wanted to purchase “some powder,” but the Cl reiterated that he wanted to purchase “the hard.” R.Exh.-Tab 5 at 2.

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Bluebook (online)
262 F. App'x 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-franklin-lamar-williams-ca11-2008.