United States v. Hyatt

904 F. Supp. 1351, 1994 U.S. Dist. LEXIS 20731, 1994 WL 860796
CourtDistrict Court, M.D. Florida
DecidedAugust 11, 1994
DocketNo. 91-271-Cr-T-17
StatusPublished

This text of 904 F. Supp. 1351 (United States v. Hyatt) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Hyatt, 904 F. Supp. 1351, 1994 U.S. Dist. LEXIS 20731, 1994 WL 860796 (M.D. Fla. 1994).

Opinion

ORDER

KOVACHEVICH, District Judge.

This cause is before the Court on Defendants’ Renewed Joint Motion to Dismiss [1353]*1353(Docket Number 93) and Renewed Joint Motion for Judgments of Acquittal (Docket Number 95) pursuant to Rule 29, Fed. R.Crim.Proc., and the response of the Government thereto (Docket Number 130).

I. PROCEDURAL HISTORY

This Court issued an order denying Defendants’ pre-trial Joint Motion to Dismiss (Docket Number 56) and also denied Defendants’ Renewed Joint Motion to Dismiss and Defendants’ Joint Motion for Judgments of Acquittal made during trial (Docket Number 107, pp. 113-119). This Court has examined the supporting memorandums provided by Defendants and has reviewed the factual basis for Defendants’ Motions. The Court, in its discretion, denies both Defendants’ Renewed Joint Motion to Dismiss and the Renewed Joint Motion for Judgments of Acquittal, and incorporates by reference the Government’s response.

II. BACKGROUND

On September 25, 1991, a federal grand jury returned a two-count indictment, charging defendants Kenneth Grady Hyatt and William Emery Smith with possession with intent to distribute marijuana, in violation of 21 U.S.C. section 841(a) and 18 U.S.C. section 2 (Count I), and conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. section 841(a)(1) and section 846 (Count II), between July 1991 and September 1991.

Defendants were tried before a jury. However, a mistrial was declared due to a hung jury. Subsequently, Defendants filed a Renewed Joint Motion to Dismiss and a Renewed Joint Motion for Judgments of Acquittal.

These charges arise out of certain transactions between the Defendants and Donald Edwin Jones, an informant for the D.E.A., and Aaron Escorza, an undercover agent for the F.B.I. The informant, Donald Jones, has an extensive criminal history and is co-operating with the authorities in order to receive a favorable sentence for a pending charge of conspiracy to suborn perjury.

At the time of the charged crimes, Defendant Hyatt owned a several thousand acre farm which included several buildings and an airstrip. According to Jones, Hyatt was interested in allowing his airstrip to be used for the trafficking of drugs. On July 10, 1991, Agent Escorza, acting in an undercover capacity, and Donald Jones, met with Defendant Hyatt at his farm. Jones and Hyatt met alone for forty-five minutes while Agent Escorza waited outside of the office. After-wards, Hyatt, Escorza, and Jones went to inspect the airstrip. Escorza wore a recording device and there was a discussion about cutting the grass to facilitate the landing of aircraft.

On August 22, 1991, there is another recorded meeting between Hyatt, Jones, and Escorza at Hyatt’s farm. Here, details about the first load of drugs are discussed. The shipment was to arrive on August 24th. Mr. Hyatt was to be away from the property when the plane arrives. The shipment was to include several hundred pounds of marijuana and Hyatt was to receive three hundred thousand dollars in cash. While Hyatt is away, William Emery Smith was to act as a sentry and confirm the arrival of the shipment. Mr. Smith shall receive fifty thousand dollars for his efforts.

Later that same evening, there is a recorded meeting at a Tampa restaurant between Hyatt, Smith, Jones, and Escorza. Here, there is more discussion about details of the shipment and how Defendants will receive payment.

On August 24, 1991, a D.E.A. undercover plane flew in several hundred pounds of marijuana, and off-loaded it at Defendant Hyatt’s airstrip. Defendant Smith acted as a sentry and an initial five thousand dollars was left in the hangar for Smith, as was previously arranged.

Five days later, there was another meeting to discuss the arrival of a second, larger drug shipment. Hyatt states that his price is one and a half million dollars for the use of his airstrip. On September 5, 1991, Agent Escorza goes to Hyatt farms to pay Hyatt the balance of the three hundred thousand dollars for the first shipment. Defendants accepted the cash, and then were arrested. Subsequently, Defendants were indicted and tried.

[1354]*1354III. ANALYSIS

A. Outrageous Government Conduct

Defendants’ Renewed Joint Motion to Dismiss is founded upon allegations of outrageous government conduct during the investigation to the extent that the conduct constituted a due process violation and compelled dismissal. In the Eleventh Circuit, United States v. Haimowitz, 725 F.2d 1561, 1577 (11th Circuit), cert. denied, 469 U.S. 1072, 105 S.Ct. 563, 83 L.Ed.2d 504 (1984), set the standard for determining whether outrageous conduct exists.

Whether outrageous government conduct exists turns on the totality of the circumstances with no single factor controlling and the defense can only be invoked in the rarest and most outrageous of circumstances. Id.

The conduct must be so outrageous as to shock the universal sense of justice. United States v. Arango, 853 F.2d 818, 827 (11th Circuit). The Court is not persuaded that the Government’s actions in the instant case meet the definition of outrageous conduct. The fact that the Government initiated the negotiations and provided the transportation for the narcotics as well as the narcotics does not constitute a due process violation of Defendants’ rights. United States v. Walther, 867 F.2d 1334, 1338-39 (11th Cir.1989), cert. denied, 493 U.S. 848, 110 S.Ct. 144, 107 L.Ed.2d 103 (1989).

This is a reverse sting operation. The Eleventh Circuit has rejected challenges to the reverse sting method of investigation on numerous occasions. United States v. Walther, 867 F.2d. at 1339. In the instant case, the evidence shows that the Government merely provided the opportunity for Defendants to participate in the criminal ventures. This does not constitute a violation of due process. United States v. Savage, 701 F.2d 867, 869 (11th Cir.1983).

This Court specifically finds that throughout this situation Defendants could have merely declined when approached about becoming involved in an illegal scheme. However, they were offered staggering sums of money and they committed these crimes because they wanted to receive the money. Accordingly, the responsibility for the exercise of the Defendants’ judgment must lie with these Defendants, and Defendants’ Motion for Dismissal on the issue of outrageous government conduct is denied.

B. Use of Government Informant

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904 F. Supp. 1351, 1994 U.S. Dist. LEXIS 20731, 1994 WL 860796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-hyatt-flmd-1994.