United States v. Jeffrey Cochran, Steven Corbett, Alexander West, Lavell Cooper, and Donald B. Howell

955 F.2d 1116, 35 Fed. R. Serv. 786, 1992 U.S. App. LEXIS 1239
CourtCourt of Appeals for the Seventh Circuit
DecidedFebruary 3, 1992
Docket90-2114 to 90-2116, 90-2176 and 90-2705
StatusPublished
Cited by43 cases

This text of 955 F.2d 1116 (United States v. Jeffrey Cochran, Steven Corbett, Alexander West, Lavell Cooper, and Donald B. Howell) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Jeffrey Cochran, Steven Corbett, Alexander West, Lavell Cooper, and Donald B. Howell, 955 F.2d 1116, 35 Fed. R. Serv. 786, 1992 U.S. App. LEXIS 1239 (7th Cir. 1992).

Opinion

BAUER, Chief Judge.

The five appellants in this case lodge a variety of challenges to their convictions for their roles in a cocaine distribution conspiracy. Jeffrey Cochran, Steven Corbett, Alexander West, and Donald Howell were arrested in a McDonald’s restaurant parking lot in Chicago after they sold one kilogram of cocaine to undercover Chicago Police and Federal Drug Enforcement Administration (“DEA”) agents. Lavell Cooper *1119 was arrested nearby — he was acting as a “lookout” at the time of the cocaine sale.

The defendants were charged in a six-count indictment with conspiracy to distribute cocaine, in violation of 21 U.S.C. § 846 (1989), possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) (1989), use of the telephones to aid in drug distribution, in violation of 21 U.S.C. § 843(b) (1989), and use of firearms during the distribution of drugs, in violation of 18 U.S.C. § 924(c)(1) (1989). The defendants were tried together before a jury. Of the defendants, only Cochran testified at the trial.

The jury found all five defendants guilty of conspiring to distribute cocaine. The jury also convicted Corbett, Howell, and Cochran of possession of cocaine and further convicted Corbett and Howell of possessing firearms during a drug transaction. Finally, the jury found Cochran and Cooper guilty of using telephones to further a drug distribution scheme. The district court sentenced the defendants under the United States Sentencing Guidelines (“Guidelines”) to the following terms of incarceration: Cochran received two concurrent ten-year terms on the conspiracy and possession convictions; Corbett received concurrent five-year terms on the conspiracy and possession convictions and a consecutive five-year sentence for the use of a firearm; West received five years for conspiring to distribute cocaine; Cooper received five-years and three months for conspiring to distribute cocaine; and, Howell received a three-year sentence for conspiring to distribute cocaine, with a consecutive five-year sentence for the use of a firearm.

A. FACTS

The appellants’ arrests and convictions are the result of two cocaine sales they orchestrated during four days in September 1989. DEA and Chicago Police undercover agents contacted Cochran seeking to purchase three kilograms of cocaine. Cochran agreed to organize the sale and make appropriate arrangements with his drug suppliers. During his first conversation with the undercover agents, Cochran agreed to arrange a one-ounce, $1,000 sample transaction for the following day. The agents agreed that if the cocaine sample proved satisfactory, Cochran would arrange for a three kilogram deal, for $61,-000, later that same day. The parties planned to meet the following afternoon in the parking lot of a northside Chicago McDonald’s to execute the deal.

The next day, a series of telephone conversations between the undercover agents and Cochran resulted in several changes in the terms of the drug deals. Cochran stated that he would be able to obtain two, not three, kilograms of cocaine and that the transactions had to take place later in the day than originally planned. At the appointed time, the undercover agents met Cochran, who was accompanied by Cooper, at the McDonald’s parking lot. Howell arrived a short time later and made the one-ounce sample sale with Cochran and an undercover agent while Cooper stood guard some distance from the others. Howell also discussed a three-kilo deal, but ultimately Howell, Cochran, and the undercover agents agreed to make a one-kilogram cocaine deal the following day.

Both Cochran and Cooper had a number of telephone conversations with an undercover agent the next day as Cochran negotiated numerous changes in the terms of the one-kilogram deal. These changes included raising the amount of the transaction from one to three kilograms and raising the price to $63,000. The parties also agreed to put the transaction off for another day.

In a series of conversations the next day, Cochran and Cooper kept the undercover agent informed about Cochran’s progress in obtaining the cocaine and arranging the time of the transaction. Finally, the parties agreed that they would make a one-kilogram exchange at the McDonald’s parking lot that day, with the option of an additional two kilogram deal. At the appointed time, Cochran and Cooper met the undercover agents at the McDonald’s, where Cochran talked to the agents while Cooper walked along the street as a lookout. Howell arrived a short time later and *1120 spoke with Cochran and the DEA agent. Then, Corbett and West arrived in a third car. Corbett got out of his car, put a black bag on the roof of his car, retrieved a blue bag from a nearby garbage can, put both bags back in the car and drove off. West remained in the passenger seat of the car.

Howell, Cochran, and the DEA agent continued their conversation. When the terms of the deal were settled, Cochran, Howell, and Cooper went down the block to page their suppliers. A short while later, Corbett and West returned, conferred with Howell, Cochran, and Cooper, and left the area again. Corbett and West soon returned to the McDonald’s parking lot for a third time. Cochran went to their car and retrieved the blue bag, which he handed to the DEA agents, who determined that it contained cocaine. The agents then arrested Howell, Cochran, Corbett, and West in the parking lot. They arrested Cooper a short distance away inside another restaurant. A search of Corbett and West’s car netted a .9mm semiautomatic gun and a .38 special revolver.

B. ANALYSIS

Each appellant raises an assortment of challenges to his conviction and sentence. Howell’s counsel submitted a motion to withdraw, along with a brief supporting his belief that an appeal would be frivolous. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We will address the appellants’ claims in the order in which they arose before the district court.

1. Pre-Trial

a. Severance

Cooper challenges the district court’s denial of his motion for severance, contending that the district court’s action prejudiced his defense. Cooper contends that his defense was mutually antagonistic with that of co-defendant Cochran. He also claims that there was a gross disparity in the weight of the evidence against him as opposed to that against his co-defendants. Rule 14 of the Federal Rules of Criminal Procedure permits a district court to conduct separate trials for co-defendants indicted together if either the government or the defendant is prejudiced by joinder. Fed.R.Crim.P.

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Bluebook (online)
955 F.2d 1116, 35 Fed. R. Serv. 786, 1992 U.S. App. LEXIS 1239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jeffrey-cochran-steven-corbett-alexander-west-lavell-ca7-1992.