United States v. Gerald Wright

164 F. App'x 809
CourtCourt of Appeals for the Eleventh Circuit
DecidedJanuary 6, 2006
Docket04-10903
StatusUnpublished
Cited by2 cases

This text of 164 F. App'x 809 (United States v. Gerald Wright) 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. Gerald Wright, 164 F. App'x 809 (11th Cir. 2006).

Opinions

PER CURIAM:

Gerald Wright (‘Wright”), a federal prisoner convicted of two drug-related of[811]*811fenses, appeals his convictions and sentence of 360 months of imprisonment. After a thorough review of the record and Wright’s arguments, we AFFIRM.

I. BACKGROUND

On 13 August 2003, a federal grand jury indicted Wright, along with codefendants Terrell Wright (“Terrell”)1 and George Pearson, Jr. (“Pearson”), for various offenses related to the possession and distribution of cocaine and cocaine base, or “crack” cocaine. Specifically, the indictment charged Wright with: (1) conspiracy to possess with intent to distribute fifty grams or more of a mixture containing a detectable amount of cocaine base and a quantity of cocaine, in violation of 21 U.S.C. § 846 (“Count 1”); (2) possession with intent to distribute fifty grams or more of a mixture containing a detectable amount of cocaine base and a quantity of cocaine, in violation of 21 U.S.C. § 841(a)(1), (b)(l)(B)(iii) (“Count 4”); and (3) possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g) (“Count 5”). The indictment indicated that the alleged criminal activity which formed the basis for Count 1 took place from an unknown date continuing up to and through 18 July 2003. The activity which supported Counts 4 and 5 allegedly took place on or about 20 February 2003.

At trial,2 the government began its case by offering the testimony of Detective Ronald Heck, a police officer in the vice department of the City of Clearwater Police Department (“CPD”). According to Heck, in October 1997, a confidential informant suspected of misdemeanor drug activity indicated that he would operate as an informant for the police. Particularly, he indicated that he could purchase drugs from Gerald Wright. Accordingly, Heck testified that he coordinated two controlled drug purchases by the confidential informant at 1576 S. Greenwood Avenue, a residence allegedly occupied by Wright.3 Following the two drug transactions, Heck obtained a search warrant for Wright’s residence. The search warrant was executed and, in a room occupied by Wright and Terrell, CPD officers discovered twenty-four grams of crack cocaine, firearms, $1200 in cash, and Wright’s state identification card. According to Heck, Wright admitted to cocaine possession after the 1997 raid. Wright was subsequently convicted of possession with intent to distribute cocaine in Florida state court. Heck’s testimony about the 1997 investigation was admitted over counsel’s objection on relevance and Federal Rule of Evidence 404(b) grounds.4

Next, the government offered the testimony of several CPD officers who recounted their investigation of drug activity at the Greenwood residence from December 2002 to February 2003. The officers testified that they coordinated several controlled purchases of crack cocaine at the residence during this time period. At each of these controlled purchases, the officers testified that their confidential informants were given crack cocaine by either Terrell or Pearson. On one occasion, however, in [812]*812January 2003, a CPD officer testified that Wright was present for the controlled purchase. According to the officer, he and a confidential informant approached Wright and Pearson and asked them, “Are you tight?” R4 at 31. The officer testified that this was slang for asking whether Wright and Pearson had crack cocaine they were willing to sell. According to the officer, both Wright and Pearson indicated they had crack cocaine to sell, and the purchase was then executed. Based on these controlled buys, CPD officers obtained a search warrant of the Greenwood residence and discovered in Wright’s bedroom, inter alia, crack cocaine, baggies containing cocaine powder, a firearm, a digital scale, Wright’s state identification card, and correspondence addressed to Wright at the Greenwood address. Subsequent analysis confirmed that Wright’s fingerprints were on some of the baggies and containers holding cocaine and crack cocaine.

Next, the government offered the testimony of Christopher Goodloe and Jonathan Wade. Both were in prison on unrelated drug charges and had entered into plea agreements to assist in the prosecution of drug-related crimes. Both Goodloe and Wade testified that Wright had sold them crack cocaine on several occasions. In addition, Goodloe testified that Pearson and Terrell were street level dealers who received their supply from Wright.

Finally, the government offered the testimony of Matthew Desjardins, a police officer in the Largo Police Department. Desjardins testified that in July 2003, he and other officers coordinated and videotaped a controlled buy at a hotel involving a confidential informant, Pearson, and Terrell. Counsel for Wright objected to Desjardins’s testimony about what was said during the drug transaction on hearsay grounds, but the district court overruled the objection. Counsel also objected to the videotape coming into evidence and being shown to the jury. Particularly, counsel argued that he believed the tape portrayed Terrell mentioning “my brother” and crack cocaine, and therefore the tape would implicate Wright without affording him the opportunity to cross-examine Terrell about his statements. Because the government noted that Pearson made the comment about “my brother,” however, the district court overruled the objection and allowed the tape into evidence.

After concluding the examination of Desjardins, the government rested. Counsel for Wright then moved for judgment of acquittal on the grounds that, the government had not established the prima facie case for the charges in the indictment. The district court denied the motion. Following the presentation of Wright’s defense, counsel for Wright renewed the motion for judgment of acquittal. The motion was denied and the district court proceeded to instruct the jury. Particularly, the district court instructed the jury that:

Count One charges that the Defendant knowingly and willfully conspired with others to possess with intent to distribute or distribute a mixture or substance containing a detectable amount of cocaine base or cocaine. Count Four charges ... that the Defendant possessed with intent to distribute a mixture or substance containing a detectable amount of cocaine base or cocaine.

Rl-79 at Jury Instruction No. 11 (emphasis added). The court also explained that, due to the fact that the indictment charged that Wright conspired to possess with intent to distribute both cocaine base and cocaine, the indictment actually charged that the eoconspirators conspired to commit “two separate, substantive crimes or offenses.” Id. at Jury Instruction No. 14. The court further instructed that it was not necessary for the government to prove [813]*813that Wright conspired to commit both offenses, but rather it would be sufficient if the government proved beyond a reasonable doubt that Wright willfully conspired to commit one of the offenses.

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Cite This Page — Counsel Stack

Bluebook (online)
164 F. App'x 809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-gerald-wright-ca11-2006.