United States v. Glenn

312 F.3d 58, 2002 WL 31520529
CourtCourt of Appeals for the Second Circuit
DecidedNovember 14, 2002
DocketDocket No. 01-1602
StatusPublished
Cited by63 cases

This text of 312 F.3d 58 (United States v. Glenn) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second 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. Glenn, 312 F.3d 58, 2002 WL 31520529 (2d Cir. 2002).

Opinion

B.D. PARKER, JR., Circuit Judge.

Defendant-appellant Jonathan Parker was convicted in the United States District Court for the Western District of New York (William M. Skretny, Judge) of killing Leroy Lewis while engaged in a conspiracy to possess with intent to distribute cocaine base. See 21 U.S.C. §§ 841(b)(1)(A), 848(e)(1)(A) (2000). On appeal, Parker challenges the sufficiency of the Government’s evidence, the District Court’s denial of his motion for a new trial, and the admission of supposed lay opinion testimony regarding the circumstances under which drug dealers arm themselves and, specifically, whether a small bulge in Parker’s jacket viewed from a distance was a handgun.

We need not address the motion for a new trial and do not definitively resolve the lay-opinion contentions because, after drawing all reasonable evidentiary inferences in the Government’s favor and mindful that a conviction may rest solely on circumstantial evidence, we nonetheless conclude that no rational trier of fact could have found that the evidence the Government presented proved Parker’s guilt beyond a reasonable doubt.

BACKGROUND

At trial the Government postulated that Parker and Lewis were narcotics dealers and that Parker murdered Lewis in revenge for Lewis’s failure to give Parker an expected share of crack cocaine obtained from the robbery of another narcotics dealer. Specifically, the Government argued that Parker shot Lewis, after discovering that Lewis had lied about the amount of narcotics stolen. During the two-day trial, the Government’s substantive witnesses were three drug dealers, Robert Moore, Klyde Glenn, and McAr-thur Cook, all of whom had extensive criminal histories and had entered into cooperation agreements with the Government. Roshawanda Johnson, Lewis’s girlfriend, testified briefly.

The Government produced no direct or physical evidence establishing Parker as [61]*61the shooter. No eyewitness testified to the shooting. No witnesses testified about any statements concerning the circumstances of the shooting. No DNA or fingerprint evidence was introduced. No evidence was introduced as to Parker’s motive and no murder weapon was found. The Government’s evidence, which was entirely circumstantial, consisted of the following.

From August 1996 until his death on January 13, 1997, Lewis and numerous others regularly dealt crack cocaine in Buffalo, New York in and around the area of Girard Street and Fillmore Avenue. The neighborhood was festooned with drug dealers who openly sold drugs in public in an active drug market. Many of these dealers were familiar with one another, dealt drugs among themselves, and typically were armed or had ready access to various kinds of guns to facilitate their drug dealing.

In connection with his drug dealing, Lewis had a business relationship with an individual named Harry Morris and regularly purchased crack cocaine from Morris for re-sale. In late December 1996 Lewis, along with an acquaintance, Robert Moore, went to the Girard and Fillmore area to meet Morris in an attempt to purchase crack cocaine. When they met Morris, Lewis asked Morris for cocaine but was informed he had none. Parker, an acquaintance of Lewis and also a drug dealer, overheard the conversation and offered to call an individual who could supply drugs to Lewis. Parker then arranged by phone for Lewis to buy crack cocaine from a major drug dealer identified at trial as Calvin Cornelious or “Karl.” Karl subsequently arrived with another individual in a gold Mazda. Parker told Lewis that Karl had a reputation of being “soft” and that, consequently, Lewis could take his drugs without paying. After inconclusive negotiations over drugs, Lewis left the area, retrieved his handgun, and returned. Moore and Lewis then robbed Karl at gunpoint, stole his drugs and his Mazda, and fled the scene. The robbery occurred in plain view of other observers, including drug dealers who frequented the outdoor drug market.

After the robbery, Karl told the group of people who had witnessed it, including Parker, that prior to the robbery he had concealed a half kilogram of crack cocaine in the ear. Another person informed the group that Lewis was involved in the theft. McArthur Cook, who was present for this conversation, testified that he believed Parker heard both statements.

Later that evening Moore, Morris, Parker, and Sidney Barker, another drug dealer, went to Moore’s mother’s house and waited for Lewis. After Morris, Parker, and Barker left, Lewis arrived. Lewis and Moore then went to Lewis’s uncle’s house to divide the stolen drugs. Lewis showed Moore nine ounces of crack cocaine equally divided in two ziplock bags and gave Moore one of them. Moore also saw a third bag fall out of Lewis’s pocket. Lewis and Moore then went to Moore’s mother’s house where they were joined by Parker, who had come to get a share of the stolen drugs. Lewis told Parker that he had stolen only four and a half ounces and that Parker should return the next day for his share of the drugs. Parker returned the next day, and Lewis gave him two quarter ounces of crack cocaine, telling him “that all he had got was four ... ounces and that’s all he was giving him.”

Three days later Parker reappeared and told Moore and Lewis that the Mazda, which was still abandoned, was thought to contain half a kilogram of crack cocaine. The three went to the abandoned car and searched unsuccessfully for additional drugs. No evidence was offered at trial of [62]*62any agreement among Moore, Lewis, Morris, Barker, Parker, or anyone else as to how the stolen drugs would be divided. Nor was proof offered of any arguments or disputes between Lewis and Parker over the division of the stolen drugs.

Lewis was found murdered around 3:00 p.m. on January 13, 1997. Earlier that day, at approximately 1:00 p.m., Parker notified Moore that he wanted to talk to Lewis on Girard Street. Moore relayed this message to Lewis at approximately 2:00 p.m., and they drove to Girard to meet with Parker. Upon arriving, they found Parker in his ear along with another person whom Moore could not identify. After briefly speaking to Parker, Lewis told Moore that he was going with Parker to break into Karl’s house. Lewis also said he would meet Moore in about an hour. Moore saw Lewis enter Parker’s car and saw Parker drive away with Lewis and the other person in the car. Rosha-wanda Johnson, Lewis’s girlfriend, testified that she had a telephone conversation with Lewis between 1:00 and 2:00 p.m. during which Lewis stated that he “ha[d] to make a run” and that “I have to go see my man Face.”1 At some time between 2:00 and 2:30 p.m., Klyde Glenn observed Parker and Lewis seated in a car parked on Fillmore Avenue close to Girard, with Parker in the driver’s seat.

The police received a radio call at approximately 3:50 p.m. reporting a shooting near the intersection of Girard and Fillmore. Police officers arrived a short while later and found Lewis bleeding from what appeared to be a bullet hole in his head. Lewis was taken to Erie County Medical Center and was pronounced dead soon after arrival. An autopsy revealed three bullet wounds to Lewis’s body and determined that the cause of death was a gunshot to the head.

Between 3:00 and 4:00 that afternoon, Cook and Glenn saw Parker walking about four blocks from where Lewis’s body was discovered.

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Cite This Page — Counsel Stack

Bluebook (online)
312 F.3d 58, 2002 WL 31520529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-glenn-ca2-2002.