United States v. Frederick Cody Magee, John Olin Buchanan, George Walter Hanson, Jr., and Robert Frank Norris

821 F.2d 234
CourtCourt of Appeals for the Fifth Circuit
DecidedAugust 4, 1987
Docket86-1404
StatusPublished
Cited by70 cases

This text of 821 F.2d 234 (United States v. Frederick Cody Magee, John Olin Buchanan, George Walter Hanson, Jr., and Robert Frank Norris) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth 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. Frederick Cody Magee, John Olin Buchanan, George Walter Hanson, Jr., and Robert Frank Norris, 821 F.2d 234 (5th Cir. 1987).

Opinion

W. EUGENE DAVIS, Circuit Judge:

Frederick Cody Magee, George Walter Hanson, Jr., Robert Frank Norris, and John Olin Buchanan appeal their convictions for conspiracy to import marijuana in violation of 21 U.S.C. § 963; conspiracy to possess marijuana with intent to distribute in violation of 21 U.S.C. § 846; and two counts of importation of marijuana from the Republic of Belize in violation of 21 U.S.C. § 952(a). Magee also appeals his conviction for one count of possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). We affirm.

I.

The government sought to establish at trial that Magee headed a large scale marijuana importation conspiracy. The govern *237 ment contended that Hanson, Norris and Buchanan provided financial backing for the venture. Several accessories, Brown, Kornell, Rayburn, and Weston, entered guilty pleas and cooperated with the government. Their role in the scheme will be discussed below. The conspiracy had three phases: (1) From the fall of 1983 to early 1985, Magee and other co-conspirators imported several airplane loads of marijuana from Mexico to the Aero Valley Airport in Roanoke, Texas. Because of a disagreement with his Mexican source in early 1985, Magee ended the Mexican importation and began to plan the importation of marijuana from Belize. (2) In the spring of 1985, Magee met with the appellants and other co-conspirators on several occasions to plan the Belizian operation. During May of 1985, two large loads of marijuana were successfully imported from Belize. However, on the third smuggling trip, the pilot, Kornell, was arrested by Belizian authorities ending the Belizian smuggling phase of this conspiracy. (3) In June of 1985, after Kornell had been released on bail and fled to the United States, Magee sent his attorney, Mary Bowman, to Belize to ascertain what information Kornell had revealed to Belizian authorities. On her flight to Belize, she met Carlos Señor, a Drug Enforcement Administration (DEA) undercover informant. From this contact, the DEA was able to arrange a reverse sting operation in which they sold Magee 2,000 pounds of marijuana in July of 1985.

We will relate the facts in more detail in our discussion below of the points raised on appeal.

II.

The appellants raise numerous issues in this appeal. We first address the issues raised by appellants Hanson and Norris.

A.

Hanson and Norris first contend that co-conspirator hearsay statements were erroneously admitted against them because the evidence independent of those statements was insufficient to establish that they were members of the conspiracy. See United States v. James, 590 F.2d 575, 581 (5th Cir.) (en banc), cert. denied, 442 U.S. 917, 99 S.Ct. 2836, 61 L.Ed.2d 283 (1979). They argue that, stripped of reliance on co-conspirator hearsay, the evidence against them shows only their knowledge of the illicit operations and their association with the other conspirators. Hanson and Norris argue that this evidence was insufficient to establish their participation in the conspiracy.

The government established the following facts, independent of co-conspirator hearsay statements: In March 1985, appellants Hanson, Norris and Buchanan attended a meeting at the AmFac Hotel in Dallas with Magee, Brown, Kornell and Rolando Longoria, a representative of a Belizian marijuana source. The subject discussed at this meeting was importation of marijuana from Belize. A few days later, Magee and Brown met again with Hanson and Norris at a cafeteria on Central Expressway in Dallas. At this meeting, Brown, in a false statement to Hanson and Norris, assured them that the airplane necessary for smuggling drugs from Belize would be ready when needed. Shortly after that meeting, Magee gave Kornell $22,000 to purchase a Cessna 402 airplane in Houston. In mid-April, Magee, Brown and Kornell flew in the new airplane to the Addison Airport in Dallas to meet with the other appellants and Smiley Urbena, another Belizian contact. On May 12, 1985, Kornell and Urbena made the first trip to Belize and returned to the Aero Valley Airport with 1000 pounds of marijuana. After this trip, Kornell met with Magee, Hanson and Buchanan and reported on the trip’s success as well as the bright prospects for future smuggling trips to Belize. On May 29, 1985, after a second successful smuggling trip, Kornell again flew to Belize to purchase marijuana. However, upon his arrival, he was arrested by Belizian authorities. After his release on bail, Kornell met Norris at the residence of Urbena’s uncle in Belize. Norris informed Kornell that he was there to help him get back to the United States through Mexico. Kornell was smuggled from Belize to Mexico by *238 boat. Norris met Kornell in Mexico, gave him Norris’ visa and purchased clothes for him. Kornell, posing as Norris, then travelled back to the United States. After Kornell arrived in Dallas, he met with Magee, Hanson and Buchanan at the Double Tree Inn in Dallas. All present at this meeting expressed their excitement about his return and well being.

Hanson, relying on United States v. Stanley, 765 F.2d 1224 (5th Cir.1985), argues that his presence at the meetings recited above was insufficient to establish that he was a member of the conspiracy. In Stanley, the independent evidence against defendant Leake showed only that he was in a hotel room with two co-conspirators in a drug operation when DEA agents returned to the hotel to make arrests. Leake’s participation in the conspiracy was not discovered by the undercover DEA agents until his arrest. Because mere association with conspirators is not enough to establish participation, we concluded that the district court erred in determining that Leake was a member of the conspiracy and admitting his co-defendant’s out-of-court declarations against him. Id. at 1243.

The independent evidence against Hanson is much more substantial than the evidence against Leake in Stanley. Unlike Leake, who attended one meeting, the evidence disclosed Hanson’s presence at all key junctures of the Belizian operation: (1) at the March 1985 meeting with the other appellants and a representative of the Belizian supplier before the operation began; (2) at a meeting a few days later, before the airplane to be used was purchased in which Brown falsely represented to Hanson and Norris that the airplane was available when needed; (3) at a meeting with Urbena, another Belizian contact, after the airplane was obtained but before the first trip to Belize; (4) at a gathering of most of the participants after the first successful run from Belize; and (5) finally, after Kornell had successfully returned from Belize following his arrest.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Roland
130 F.4th 480 (Fifth Circuit, 2025)
United States v. Kenton Harrell
629 F. App'x 603 (Fifth Circuit, 2015)
United States v. Francisco Colorado Cessa
785 F.3d 165 (Fifth Circuit, 2015)
Foxworth v. State
96 So. 3d 17 (Court of Appeals of Mississippi, 2011)
Meece v. Commonwealth
348 S.W.3d 627 (Kentucky Supreme Court, 2011)
Vicki Monroe v. Commonwealth of Kentucky
Kentucky Supreme Court, 2008
Monroe v. Commonwealth
244 S.W.3d 69 (Kentucky Supreme Court, 2008)
United States v. Valuck
286 F.3d 221 (Fifth Circuit, 2002)
United States v. Hass
Fifth Circuit, 2001
Farris v. State
764 So. 2d 411 (Mississippi Supreme Court, 2000)
United States v. Green
Fifth Circuit, 1999
United States v. Burton
Fifth Circuit, 1997
United States v. Tolliver
61 F.3d 1189 (Fifth Circuit, 1995)
United States v. Moore
Fifth Circuit, 1995
United States v. Williamson
53 F.3d 1500 (Tenth Circuit, 1995)
United States v. Benbrook
Fifth Circuit, 1994
United States v. Bermea
30 F.3d 1539 (Fifth Circuit, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
821 F.2d 234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-frederick-cody-magee-john-olin-buchanan-george-walter-ca5-1987.