United States v. James Brown, A/K/A Steven Brown

16 F.3d 423, 305 U.S. App. D.C. 1
CourtCourt of Appeals for the D.C. Circuit
DecidedApril 29, 1994
Docket91-3291
StatusPublished
Cited by61 cases

This text of 16 F.3d 423 (United States v. James Brown, A/K/A Steven Brown) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. 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. James Brown, A/K/A Steven Brown, 16 F.3d 423, 305 U.S. App. D.C. 1 (D.C. Cir. 1994).

Opinions

Opinion for the Court filed by Senior Circuit Judge OAKES.

Dissenting opinion filed by Circuit Judge HARRY T. EDWARDS.

OAKES, Senior Circuit Judge:

This appeal involves Rules 8 and 14, the joinder rules, of the Federal Rules of Criminal Procedure, and certain of the Federal Rules of Evidence. James Brown appeals from a judgment of conviction on six drug charges and two firearms charges following a jury verdict in the United States District Court for the District of Columbia, William B. Bryant, Judge. While we hold that there was a misjoinder of firearms offenses under Rule 8(b), we hold that there was no plain error resulting in actual prejudice to Brown. We also hold that the district judge did not abuse his discretion in joining defendants and counts under Rule 14. Accordingly, we affirm the judgment of the district court.

[425]*425I.

Background

This case arises from an undercover investigation of drug trafficking out of the residence of Victoria Williams located at Apartment 11, 2371 Eleventh Street, N.W., Washington, D.C. On November 20, 1990, Metropolitan Police Department (the “police”) undercover officers bought a fifty-dollar rock of crack cocaine from Williams. In making the sale, Williams directed her minor daughter, Heaven Sinclair, to distribute the drugs to the officers and receive the money in return. According to chemical analysis, the rock consisted of .347 grams of cocaine base.

The November 20 purchase of the crack cocaine from Williams’ apartment by undercover officers enabled the police to obtain a warrant to search her apartment (the “November Search”). Upon entry, the police found five individuals inside the apartment: Williams, Sinclair, the father of Sinclair’s child, and two other relatives of Sinclair. Among other things, during the search, the police found in the apartment a replica Uzi pistol, several hundred dollars in cash, traces of cocaine, cocaine base, a scale, packaging material, firearms, and ammunition. At some point during the search, the police measured the distance from the back door of the apartment to the Meyer Elementary School to be twenty feet.

In Sinclair’s bedroom the police found a metal safe and pried it open.' The police recovered from the safe two pistols, a clip containing nine rounds of .32 calibre ammunition, a box containing forty rounds of nine millimeter ammunition, a digital scale, two razor blades with traces of white powder, two cardboard boxes containing sandwich-type bags, a number of empty zip-lock bags, and two larger zip-lock bags together containing over one hundred and thirty-five grams of cocaine base. Sinclair told police that the drugs and firearms belonged to appellant James Brown (a.k.a. “Steven Brown,” “Cookie”). Although the police also found in Sinclair’s bedroom identification cards for several people, no identification cards or other papers were found relating to Brown; however, the police did lift Brown’s fingerprints from inside the door of the safe, as well as from the scale inside the safe.

On February 21, 1991, based on Sinclair’s statement that the drugs and firearms belonged to Brown, and the corroborating fingerprint evidence, a federal grand jury sitting in the District of Columbia indicted Brown on two counts of possession with intent to distribute 50 grams or more of cocaine base, on November 20, within 1,000 feet of a school, see 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(iii), and 845a(a)1 (1988 & Supp.1990), and one count of using and carrying a firearm during and in relation to a drug trafficking crime. See 18 U.S.C. § 924(c)(1) (1988 & Supp.1990); see generally Indictment, United States v. Brown, Crim. No. 910082 (D.D.C. February 21, 1991) (the “Original Indictment”).

That day, based on the Original Indictment against Brown, a judge issued a bench warrant for his arrest. The police arrested Brown that evening, and conducted a search of his person incident to that arrest (the “February Search”). During this search, police recovered a semiautomatic pistol (which had been shipped in interstate commerce and the serial number of which had been defaced) and a telephone pager. The police also found a safe key, which fitted into the cylinder of the safe in Sinclair’s bedroom, and which contained a four-digit number matching three of the digits of the number on the safe found in Sinclair’s bedroom, the fourth number having been obliterated.

On April 9, 1991, a grand jury issued a nine-count superseding indictment. Counts four, five, and seven (the “Original Offenses”) were identical to the three counts contained in the February 2 indictment. The April 9 indictment also included three additional counts of unlawful distribution of cocaine base to a person under the age twenty-one on November 19 and/or within one thousand feet of a school, see 21 U.S.C. §§ 841(a)(1), [426]*426841(b)(1)(C), 845,2 and 845a(a) (1988 & Supp.1990) (counts one, two, and three); one count of employment of a minor to possess unlawfully with the intent to distribute 50 grams or more of cocaine base on November 20, (count six), see 21 U.S.C. § 845b(a)(1);3 and two counts of possession, on February 21, 1991, by a prior convicted felon, of a firearm which had been transported in interstate commerce, and the manufacturer’s serial number of which had been obliterated (counts eight and nine) (collectively, the “Additional Offenses”). See 18 U.S.C. §§ 922(g)(1), and 922(k) (1988 & Supp.1990); see generally Indictment, United States v. Brown, Crim. No. 91-0082 (D.D.C. April 9, 1991) (the “Superseding Indictment”).

On May 14, 1991, Brown filed two motions under FED.R.CRIM.P. 14, one to sever the drug trafficking and firearms possession charges, and the other to sever the trials of Brown and Williams. The only mention of Fed.R.Crim.P. 8, prior to this appeal, occurred at the motions hearing, where counsel for Brown argued “I do and I maintain even orally that the indictment, that those [drug trafficking and firearms possession] offenses should not have been joined as a violation of Rule 8.” Transcript of Motion Hearing, United States v. Brown, Crim. No. 91-0082-01 (D.D.C. June 25, 1991). Judge Bryant orally denied each motion.

On July 1, 1991, a four-day trial commenced in which Brown and Williams were tried together on all counts.

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Bluebook (online)
16 F.3d 423, 305 U.S. App. D.C. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-james-brown-aka-steven-brown-cadc-1994.