United States v. Haren

952 F.2d 190
CourtCourt of Appeals for the Eighth Circuit
DecidedDecember 20, 1991
DocketNos. 91-1282, 91-1371, 91-1373 and 91-1880
StatusPublished
Cited by39 cases

This text of 952 F.2d 190 (United States v. Haren) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. Haren, 952 F.2d 190 (8th Cir. 1991).

Opinion

HENLEY, Senior Circuit Judge.

After a joint trial a jury convicted the four appellants of drug offenses arising out of an amphetamine manufacturing and distribution operation. Richard Harén was convicted of manufacturing amphetamine and conspiring to distribute amphetamine in violation of 21 U.S.C. § 841(a)(1) (1988) and 18 U.S.C. § 2 (1988). Vickie Harén and Sebastian Alaniz were convicted of conspiring to distribute amphetamine in violation of 21 U.S.C. § 841(a)(1) (1988). Doyle Hughes was convicted of aiding and abetting in the manufacture of amphetamine in violation of 21 U.S.C. § 841(a)(1) (1988) and 18 U.S.C. § 2 (1988). A fifth codefendant, Bud Lewis, was acquitted. The appeals of Richard Harén, Vickie Karen, and Sebastian Alaniz were consolidated and submitted to this court. The appeal of Doyle Hughes was submitted separately. In all the cases we now affirm in one opinion.

I. BACKGROUND

From October 1988 to November 1989, the time of the charged conspiracy, Richard and Vickie Harén, husband and wife, owned property in rural Waldron, Arkansas and a residence in Hawkins, Texas. Testimony at trial, largely from the government’s key witness, Alford Hart, revealed that amphetamine was produced at the Harens’ property in Arkansas and distributed through various connections in Texas. Sebastian Alaniz was one of these Texas distributors. Another government witness, Linda Taylor, testified that she purchased amphetamine from both Richard Harén and Sebastian Alaniz in Texas.

On the Harens’ property in Arkansas was a mobile home and several outbuildings or sheds. Hart testified that the amphetamine was produced in these sheds and that Doyle Hughes helped manufacture the amphetamine. Hart also testified that Richard Harén often buried jars full of amphetamine on the property, and that on one occasion the Harens apparently conducted a drug sale on the property. During a valid search of the property in November 1988, investigators found traces of amphetamine and chemicals used to produce amphetamine in the mobile home and the sheds. Agents also seized several firearms. During a subsequent lawful search [194]*194in August 1989, officers seized several quarts of amphetamine oil, miscellaneous laboratory equipment, and more firearms.

Following their convictions, the district court1 gave all the appellants substantial sentences for their involvement in the drug activity. Richard Harén was sentenced to 324 months for his role as the leader of the operation. Vickie Harén was sentenced to 97 months and Sebastian Alaniz was sentenced to 87 months on conspiracy charges. Doyle Hughes was sentenced to 51 months for aiding and abetting.

The appellants raise various issues on appeal, contending that: (1) the evidence was insufficient to support their convictions; (2) counsel was ineffective due to a conflict of interest; (3) the district court gave an improper jury instruction concerning conspiracy; (4) the district court improperly handled the jury’s partial verdicts; (5) the district court should have excluded certain evidence; (6) the government violated its own Petite policy in prosecuting the case; and (7) the district court improperly applied the sentencing guidelines. As indicated, we affirm.

II. DISCUSSION

A. Sufficiency of the Evidence

Vickie Harén and Doyle Hughes claim the evidence of their involvement in the drug operation was insufficient to sustain their convictions. In reviewing a challenge to the sufficiency of the evidence, this court views the evidence in the light most favorable to the government, upholds a conviction if a reasonable jury could have found guilt beyond a reasonable doubt, and recognizes that the evidence need not exclude every reasonable hypothesis other than guilt. United States v. Wainwright, 921 F.2d 833, 835 (8th Cir.1990).

Vickie Harén concedes the evidence clearly showed her husband’s involvement in the conspiracy, but not hers. To convict Vickie Harén of conspiracy, the government had to prove that she agreed with at least one other person to possess with intent to distribute amphetamine. See United States v. Maejia, 928 F.2d 810, 812 (8th Cir.1991). After reviewing the record, we find there was sufficient circumstantial evidence for a jury to decide that Vickie Har-én agreed to participate in the conspiracy. First, Alford Hart testified that while Vickie Harén helped load several glass laboratory containers into Hart’s car in Texas, he heard her say she “wasn’t taking any chances” — Hart was later arrested and amphetamine was found in his car. Second, she told one witness she had “packed up” the lab in Arkansas because she received a tip about a police raid. Third, she purchased a metal detector used by her husband to find amphetamine he had buried. Fourth, she was seen counting between $10,000 and $20,000, allegedly the proceeds of a drug transaction. Finally, she left a message on Linda Taylor’s answering machine directing Taylor to some buried amphetamine at the Harén residence in Texas.

Doyle Hughes contends he was installing the heating and air conditioning system in the Harens’ Arkansas residence, not manufacturing amphetamine. To convict Hughes of aiding and abetting the manufacture of amphetamine, the government had to prove that he helped produce the drug. Alford Hart testified that he, Richard Harén, and Hughes travelled from the Harens’ Arkansas property to a nearby farm, manufactured amphetamine oil, took the oil back to the Harén property, and changed the oil into amphetamine powder. Hart also testified that he saw Hughes “cleaning glassware” at the Harens’ property and believed that Hughes was trying to learn how to make amphetamine. A reasonable jury could have found this evidence was sufficient to convict Hughes.

B. Conflict of Interest

Richard Harén claims his conviction should be reversed because his trial counsel labored under an impermissible conflict of interest. At their arraignment, Richard [195]*195and Vickie Harén were represented by the same attorney, A. Wayne Davis. The magistrate2 informed the defendants of their right to separate counsel and instructed Davis to file, within ten days, a statement of intent regarding separate counsel or a certification that no conflict would result from his joint representation of the Harens. Although no statement or certification was filed, Davis did move to withdraw from the case because he had not been paid. In that motion, Davis indicated that the Harens should have separate counsel and that the Harens had intended to have separate counsel from the beginning.

The district court denied Davis’s motion to withdraw and referred the matter to the magistrate for a recommendation or determination regarding the possible conflict of interest. The magistrate again advised Richard and Vickie Harén of their right to separate counsel.

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Bluebook (online)
952 F.2d 190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-haren-ca8-1991.