United States v. Honea

660 F.3d 318, 2011 U.S. App. LEXIS 22299, 2011 WL 5245457
CourtCourt of Appeals for the Eighth Circuit
DecidedNovember 4, 2011
Docket10-3483
StatusPublished
Cited by5 cases

This text of 660 F.3d 318 (United States v. Honea) 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. Honea, 660 F.3d 318, 2011 U.S. App. LEXIS 22299, 2011 WL 5245457 (8th Cir. 2011).

Opinions

SMITH, Circuit Judge.

A jury convicted Sorrell “Joe” Honea of aiding and abetting the manufacture of 1,000 or more marijuana plants, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2, but acquitted Honea of conspiring to manufacture 1,000 or more marijuana plants, in violation of 21 U.S.C. §§ 841(a)(1) and 846, and aiding and abetting the possession of 100 or more but less than 1,000 marijuana plants with intent to distribute, in violation of 21 U.S.C. [320]*320§ 841(a)(1) and 18 U.S.C. § 2. At sentencing, the district court2 determined that Honea qualified for the “safety valve” under 18 U.S.C. § 3558(f) and sentenced Honea below the statutory ten-year mandatory minimum to “time served” — 20 days in county jail — and five years of supervised release. The government appeals, asserting that the district court improperly substituted its opinion of the evidence for the jury’s verdict when it found that Honea’s safety-valve statement under § 3553(f)(5) was objectively and subjectively truthful. We affirm.

I. Background

A. Trial Testimony

In August 2007, Agent Johnny Sowell of the 20th Judicial Drug Task Force received information from the 16th Judicial Drug Task Force that a large-scale marijuana growing operation was being conducted behind Honea’s residence in Van Burén County, Arkansas, and that two Hispanic males were living in tents on the property and tending the marijuana plants. Law enforcement then obtained global positioning coordinates for Honea’s residence and conducted aerial surveillance in an attempt to locate the marijuana operation.

Thereafter, law enforcement received information that Honea’s daughter, Paula Cruz (“Paula”), would be traveling to Honea’s residence to harvest some of the marijuana plants. In preparation for Paula’s arrival, law enforcement set up surveillance on the road to Honea’s residence. Agent Sowell and other agents saw Paula’s truck leaving the area of Honea’s residence. Agent Sowell requested that Arkansas State Trooper Kevin Brown conduct a routine traffic stop. Upon stopping the vehicle, Trooper Brown noticed chicken wire ensnared with small marijuana leaves and a machete in the back of the truck. Agent Sowell arrived within a few minutes and observed some hedge clippers in the back of the truck and marijuana in the floorboard of the vehicle. Paula’s son, Lonnie Joe “Joey” Day, informed Agent Sowell that Day had two marijuana joints in his pocket. Paula and Day were arrested.

That night, law enforcement went to Honea’s residence and received consent from Honea to search his property for marijuana. During that search, agents discovered 430 harvested marijuana plants drying in Honea’s barn. Agents then found an additional 9,215 marijuana plants growing behind Honea’s property. While removing the marijuana plants the following morning, agents discovered a campsite, a system of black water hoses, and two trash bags full of processed marijuana within the operation site.

Honea was charged with conspiracy to manufacture 1,000 or more marijuana plants, in violation of 21 U.S.C. §§ 841(a)(1) and 846 (“Count 1”), aiding and abetting the manufacture of 1,000 or more marijuana plants, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2 (“Count 2”), and aiding and abetting the possession of 100 or more but less than 1,000 marijuana plants with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2 (“Count 3”).

At trial, Agent Sowell explained that the marijuana grow operation occurred on uninhabited land that Deltic Timber owned. According to Agent Sowell, Honea’s property adjoins Deltic Timber’s land and is separated only by a fence. Agent Sowell testified that, in order to remove all of the [321]*321marijuana plants from the operation site, law enforcement and forestry officials had to “cut in” two new roads to facilitate the extraction process. He explained that a camp site was located within the operation and that there was a trail from Honea’s chicken house that led down to the camp site and the grow operation.

Agent Brian Tatum of the 20th Judicial Drug Task Force testified that he assisted with the search of Honea’s property and actually discovered the marijuana in Honea’s barn. According to Agent Tatum, he then followed a “little open trail” and located a couple of small marijuana plants. He then continued following the “well-traveled trail” and discovered a large amount of marijuana plants. He recalled seeing black hoses “running along the trails” and finding a campsite.

Deputy Wesley Potts of the Van Burén County Sheriffs Office testified that he saw “a lot of water hose,” plastic cups with holes punched in the bottom, cultivating tools, bags of fertilizer, and sprinklers throughout the operation site.

A clerk for the Clinton, Arkansas, Water and Sewer Department testified as to the water usage at Honea’s residence. According to the clerk, Honea’s residence used 14,420 gallons in January 2007; 28,-420 gallons in February 2007; 12,400 gallons in March 2007; 10,990 gallons in April 2007; 24,760 in May 2007; 24,270 gallons in June 2007; 23,220 gallons in July 2007; 63.660 gallons in August 2007; and 31,800 gallons in September 2007. The clerk then pointed out that, compared to the 63.660 gallons of water used in August 2007, Honea’s residence had only used 25,-810 gallons in August 2005; 10,360 gallons in August 2006; 10,170 gallons in August 2008; and 9,270 gallons in August 2009.

A water meter reader testified that, on August 21, 2007, he noticed that Honea’s residence had high water usage — 63,660 gallons. The meter reader drove to Honea’s residence that day to notify Honea that he had a leak or high usage. According to the meter reader, during that meeting with Honea, Honea stated that he “had a leak and was taking care of it.”

At trial, Paula, Honea’s daughter and codefendant, explained that she learned about the marijuana grow operation in 2007 when her husband, codefendant Javier Cruz (“Javier”), told her that he and codefendant Santiago-Garcia Pedraza, a/k/a Jose Garcia (“Garcia”), were going to approach Honea and “ask him for land to grow marijuana.” She recalled that about a week after a plane flew over the operation site, Javier and three other men cut down some of the marijuana plants and put them in Honea’s barn.

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United States v. Honea
660 F.3d 318 (Eighth Circuit, 2011)

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Bluebook (online)
660 F.3d 318, 2011 U.S. App. LEXIS 22299, 2011 WL 5245457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-honea-ca8-2011.