United States v. Gary Odom (92-5822/5823/5827) Leonard Johnson (92-5824) Terrance Bulger (92-5825)

13 F.3d 949
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 1, 1994
Docket92-5822, 92-5823, 92-5824, 92-5825, 92-5827
StatusPublished
Cited by88 cases

This text of 13 F.3d 949 (United States v. Gary Odom (92-5822/5823/5827) Leonard Johnson (92-5824) Terrance Bulger (92-5825)) 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. Gary Odom (92-5822/5823/5827) Leonard Johnson (92-5824) Terrance Bulger (92-5825), 13 F.3d 949 (6th Cir. 1994).

Opinions

JOINER, Senior District Judge.

Defendants Gary Odom, Leonard Johnson and Terrance Bulger, appeal their convictions and sentences for cocaine distribution and firearm offenses, challenging the admission of a co-conspirator’s grand jury testimony, allegedly prejudicial comments by the trial judge, numerous evidentiary rulings, the denial of Johnson’s motion for Severance, the sufficiency of the evidence in support of the convictions, and the court’s findings in calculating defendants’ offense levels under the sentencing guidelines. In addition, Odom appeals his conviction for an independent firearm offense. For the reasons stated, we affirm all defendants’ convictions and the sentences of Johnson and Odom. We vacate Bulger’s sentence and remand for resentencing.

I.

Arrests

On November 2, 1991, Memphis law enforcement officers executed a search warrant at a local motel, finding five men in possession of 995 grams of cocaine and four firearms. The occupants of the room, Leonard Johnson, Myron Johnson, Channce Allen, Gilbert Smith and Carl Warner, were arrested. Myron Johnson agreed to assist the police, telling them that he knew where two and one-half kilograms of cocaine were stored. He led the police to Allen’s apartment in Nashville, where the officers found Todd Hoffman and 2385 grams of cocaine, a .30 caliber pistol and a triple beam scale.

Hoffman’s Grand Jury Testimony

Hoffman initially cooperated with the police, and agreed to testify before the grand jury. He testified that Bulger was his cousin, and lived in Detroit, and that Bulger had introduced him to Odom. According to Hoffman, Bulger was contacted by a person identified as “G,” who had large quantities of cocaine to distribute. Odom told Bulger that the Tennessee area was wide open for cocaine. Hoffman described the sales hierarchy which evolved, stating that “G” was at the top, followed by Bulger, Warner, Hoffman, and then a number of others who provided protection and transportation.

Hoffman further testified before the grand jury that Bulger arranged Hoffman’s acquisition of ten kilograms of cocaine which Hoffman then brought to Nashville from Detroit in June 1990. That cocaine was divided among Odom and two other persons. Hoffman estimated that between June and November 1990 he and his group made six trips to Tennessee, transporting approximately 50 kilograms of cocaine. Bulger and Warner were involved in all of the trips. Hoffman testified Odom had given him the gun that he had in his possession when he was arrested, and that he was guarding the cocaine in Allen’s apartment at Warner’s request.1

Indictment

The grand jury returned an indictment charging defendants and Allen, Smith and George Rider (a/k/a “G”) with conspiracy to distribute cocaine (count 1, 21 U.S.C. §§ 841, 846); defendants and Rider, Smith and Allen with the carrying or use of a firearm during and in relation to a drug trafficking offense, based on the gun seized from Allen’s apartment (count 2, 18 U.S.C. § 924(c) and 18 U.S.C. § 2); and Leonard Johnson, Smith and Allen with possession of cocaine with intent to distribute, based upon the 2385 grams of cocaine seized from Allen’s apartment (count 3, 21 U.S.C. § 841 and 18 U.S.C. § 2).

Hoffman’s Recantation

Hoffman was later incarcerated with Bul-ger and Odom, and during this time signed a statement that his grand jury testimony was false. The statement was typed by Odom’s girlfriend and then supplied to Odom. A recantation hearing was held prior to trial, at [954]*954which Hoffman maintained that his grand jury testimony concerning Odom and Bulger was false, although he adhered to his testimony regarding Warner’s involvement. Following the recantation hearing, the court granted the government’s motion to dismiss the indictment against Rider without prejudice, and Allen pled guilty to all of the offenses with which he was charged.

Trial

The government’s witnesses at trial included the police officers involved in the investigation and alleged co-conspirators Hoffman, Myron Johnson and Christopher Williams. During the government’s direct examination of Hoffman, the prosecutor asked Hoffman if he had testified before the grand jury, and Hoffman responded that he had testified falsely. The court ultimately admitted Hoffman’s grand jury testimony as substantive evidence.

Christopher Williams testified that he supplied apartments, cars and financial services to Warner and Odom to assist in their cocaine distribution. Williams stated that at Odom’s request he rented an apartment for Warner, in which Myron Johnson, Leonard Johnson, Bulger and Smith stayed. Williams testified that he delivered cocaine to Odom, that he obtained cocaine from Bulger, and that he delivered money to Bulger in Detroit. Williams testified further that Leonard Johnson was present in August 1990 when Odom delivered $90,000 to Bulger. In September 1990, Warner stored two to five kilograms of cocaine in a safe in Williams’ apartment.

Williams testified that Warner paged him on November 1, 1990, and told him to take triple beam scales to a local motel in Nashville. He did so, and saw Warner break down approximately two and one half kilograms of cocaine. Leonard Johnson, Myron Johnson and Allen were also present. Part of this cocaine went to Odom. Williams testified that Warner told him that Warner had brought five kilograms of cocaine to Nashville from Detroit, although Williams calculated the amount was greater.

Myron Johnson also testified for the government, stating that Warner, Smith, and Leonard Johnson made the November trip from Detroit to Nashville in one car, while he and Hoffman made the trip in another car. Before leaving Nashville for Memphis, the men stopped at Allen’s apartment, although only Warner and Myron Johnson went into the apartment, while the others waited in the car. Myron Johnson testified that he saw Hoffman at the apartment, as well as the cocaine and the gun Hoffman had in his possession when he was arrested.

The jury convicted Bulger, Odom, and Johnson of conspiracy to distribute cocaine and of the carrying or use of a firearm during and in relation to a drug trafficking offense, as charged in counts 1 and 2 of the indictment. The jury also convicted Johnson of possession of cocaine with intent to distribute as charged in count 3. The jury acquitted Smith on all counts.

II.

All three defendants challenge the admission of Hoffman’s grand jury testimony.2 Defendants argue that Hoffman’s testimony constituted hearsay, and was admitted in violation of their Fifth and Sixth Amendment rights to due process and to confront the witnesses against them.

Federal Rule of Evidence 801(c) defines hearsay as an out-of-court statement offered to prove the truth of the matter asserted.

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Cite This Page — Counsel Stack

Bluebook (online)
13 F.3d 949, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-gary-odom-92-582258235827-leonard-johnson-92-5824-ca6-1994.