United States v. Jesse Allen Vaziri, Corey Jess Adkins, and Jacqueline Lou Quarterman

164 F.3d 556, 1999 Colo. J. C.A.R. 1397, 1999 U.S. App. LEXIS 98, 1999 WL 3368
CourtCourt of Appeals for the Tenth Circuit
DecidedJanuary 6, 1999
Docket97-8117, 98-8010 and 98-8026
StatusPublished
Cited by71 cases

This text of 164 F.3d 556 (United States v. Jesse Allen Vaziri, Corey Jess Adkins, and Jacqueline Lou Quarterman) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth 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. Jesse Allen Vaziri, Corey Jess Adkins, and Jacqueline Lou Quarterman, 164 F.3d 556, 1999 Colo. J. C.A.R. 1397, 1999 U.S. App. LEXIS 98, 1999 WL 3368 (10th Cir. 1999).

Opinion

STEPHEN H. ANDERSON, Circuit Judge.

Jesse Vaziri, Corey Adkins, and Jacqueline Quarterman were convicted in a joint trial in the district court of conspiracy to distribute controlled substances, in violation of 21 U.S.C. § 846, as well as various possession and distribution charges, violations of 21 U.S.C. § 841(a)(1). They separately appeal their convictions and sentences. Due to the interrelated factual and legal premises of their appeals, we combine the cases for purposes of disposition. 1

Appellants challenge the fairness of their trial, arguing that perjured testimony went to the jury uneorrected and that witnesses illegally testified in exchange for promises of leniency from the government. Appellants also contest their conspiracy convictions specifically, arguing that there was insufficient evidence to support the jury’s verdicts, that general verdicts on a multiple-object conspiracy charge were improperly rendered, and that the jury was improperly instructed. Finally, each appellant raises sentencing issues: Quarterman and Adkins challenge obstruction of justice enhancements; Quarterman, Adkins, and Vaziri contest enhancements for weapons possession; and Adkins attacks the quantity of drugs attributed to him.

For the reasons discussed below, we affirm appellants’ convictions and sentences.

I. BACKGROUND

Jacqueline Lou Quarterman and two of her sons, Corey Jess Adkins and Jesse Allen Vaziri, lived in Wyarno, Wyoming, during early 1997. Wyarno, near Sheridan, Wyoming on a two-lane highway, consisted of a bar/post office, Quarterman’s log house, and several trailers. Quarterman owned the entire town.

On March 15, 1997, Quarterman, Adkins, and Vaziri were arrested for drug offenses, and on May 15, 1997, they were named in a five-count superseding indictment. Count One charged all three with conspiracy to distribute controlled substances in violation of 21 U.S.C. § 846. Count Two charged Quarterman and Vaziri with distribution of LSD and’ aiding and abetting under 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. Count Three charged Quarterman and Adkins with possession with intent to distribute methamphetamine and aiding and abetting under 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. Count Four charged Vaziri with distribution of methamphetamine in violation of 21 U.S.C. § 841(a)(1). Count Five is not involved in this appeal.

At a joint trial held August 19-September 2, 1997 in the district court, a jury convicted each defendant as charged in Counts One through Four. The government presented extensive evidence, only some of which is detailed here.

Mark Addington served as an informant during the government’s investigation. He testified at trial that he was arrested on January 7, 1997, for marijuana possession, and the next day he agreed to cooperate with the Wyoming Division of Criminal Investigation (DCI) in exchange for a recommendation of a reduced charge. At that time, Adding-ton began placing telephone calls to Quarter-man as part of an undercover operation.

Addington testified that he participated in a series of controlled drug buys during which he wore a recording device. (At trial, prosecutors introduced recordings made with the device.) On January 23, 1997, he called Quarterman to arrange a drug buy, then *560 went to her residence. In her bedroom he was introduced to Vaziri and a woman named Kelly. Kelly and Vaziri left the bedroom. Addington then purchased, from Quarter-man, a gram of cocaine for $100 and six hits of LSD for $6 apiece. As Quarterman handled the LSD, Addington was recorded saying, “[L]ook like you got quite a bit there.” R. Vol. 15, Test, of Addington at 55.

According to Addington, on January 30, 1997, he called Quarterman and arranged to meet her that same day at a set location in Sheridan to purchase drugs. In Sheridan, Vaziri and Quarterman were waiting for him. Quarterman got into Addington’s car. Ad-dington purchased 100 hits of LSD from her for $500.

Addington placed additional phone calls to Quarterman on March 7, March 10, and March 12, 1997. In these phone calls he arranged for another drug transaction, and asked if he could bring along his “friend” from Red Lodge, Montana, “John Pettimore” (DCI Special Agent Chris Peters). On March 12 he and Agent Peters traveled to Wyarno, where Agent Peters bought one-half ounce of methamphetamine from Quarter-man. Agent Peters testified at trial that during this transaction, Quarterman told Agent Peters that the methamphetamine had come from California. Peters asked who had gone to get it, and according to Peters, Quar-terman replied, “My sons.” R. Vol. 18, Trial Transcript [hereinafter Tr.] at 538. Peters asked if she could get him an entire ounce of methamphetamine. Quarterman told Peters she didn’t know if she wanted to sell an ounce, but that she’d “see if Corey would.” R. Vol. 18, Tr. at'541.

The government introduced a recording of a March 13, 1997 phone call from Addington to Quarterman. Wyoming DCI Agent Louey Williams monitored the telephone call when it was made, prepared a transcript of the call, and testified at trial that the transcript was accurate. 2 According to that transcript, the following exchange took place after Addington asked Quarter-man if Adkins would be willing to sell an entire ounce of methamphetamine:

[Quarterman]: I uh, I kinda doubt whether he, just a second let me ... (Talking to someone in her home: Jessie, Jessie? Do you have any idea urn, how much Corey has left? [Jesse Vaziri]?: No, I don’t. Quarterman: He wouldn’t want to sell a whole ounce would he? [Vaziri]: No.) I was just asking my other son if he
[Addington]: Uh huh. Probably not then?
[Quarterman]: Probably not. Uh, I wasn’t sure. I, I haven’t even talked to him since he got back.

Tr. of Phone Call, Appellee’s Add. at 36. Addington testified that he recognized the voice in the background as that of Jesse Vaziri.

On the evening of March 13, 1997, Peters and Addington returned to Wyarno to make additional purchases. Peters testified that Quarterman was not home, but Vaziri was. Vaziri sold Peters two grams of methamphetamine. Vaziri told Peters that this methamphetamine had been “fronted” to Vaziri by another person, and that therefore he would have to have $200 for it in order to pay his debt. 3 Vaziri also told Agent Peters that he had supplied the LSD that Quarterman sold to Addington on January 30, 1997, and that he had an LSD source in Denver, Colorado. R. Vol. 18, Tr. at 554-55.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Collins v. Bridges
N.D. Oklahoma, 2025
United States v. Sherwood
Tenth Circuit, 2025
United States v. Portillo-Uranga
28 F.4th 168 (Tenth Circuit, 2022)
United States v. Dahda
853 F.3d 1101 (Tenth Circuit, 2017)
United States v. Roybal
188 F. Supp. 3d 1163 (D. New Mexico, 2016)
United States v. Palacios
604 F. App'x 682 (Tenth Circuit, 2015)
United States v. Valdez
77 F. Supp. 3d 1115 (D. New Mexico, 2014)
United States v. Smalls
752 F.3d 1227 (Tenth Circuit, 2014)
United States v. Dellosantos
649 F.3d 109 (First Circuit, 2011)
PJ Ex Rel. Jensen v. Wagner
603 F.3d 1182 (Tenth Circuit, 2010)
United States v. Ford
550 F.3d 975 (Tenth Circuit, 2008)
United States v. Galaz-Felix
Tenth Circuit, 2007
Fleming v. Evans
481 F.3d 1249 (Tenth Circuit, 2007)
United States v. Townley
472 F.3d 1267 (Tenth Circuit, 2007)
United States v. Henderson
179 F. App'x 535 (Tenth Circuit, 2006)
United States v. Gutierrez-Casillas
140 F. App'x 26 (Tenth Circuit, 2005)
United States v. Ahmed
140 F. App'x 1 (Tenth Circuit, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
164 F.3d 556, 1999 Colo. J. C.A.R. 1397, 1999 U.S. App. LEXIS 98, 1999 WL 3368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jesse-allen-vaziri-corey-jess-adkins-and-jacqueline-lou-ca10-1999.