United States v. John Carrington

301 F.3d 204, 2002 U.S. App. LEXIS 17379, 2002 WL 1930081
CourtCourt of Appeals for the Fourth Circuit
DecidedAugust 22, 2002
Docket99-4537
StatusPublished
Cited by18 cases

This text of 301 F.3d 204 (United States v. John Carrington) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth 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. John Carrington, 301 F.3d 204, 2002 U.S. App. LEXIS 17379, 2002 WL 1930081 (4th Cir. 2002).

Opinions

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge KING joined. Judge WILLIAMS wrote a separate opinion concurring in part and concurring in the judgment.

OPINION

NIEMEYER, Circuit Judge.

Following his conviction for conspiracy to traffic in an unspecified amount of crack [206]*206cocaine, in violation of 21 U.S.C. § 841(a), John Carrington was sentenced to 384 months imprisonment. We affirmed that conviction and sentence in April 2000. On Carrington’s petition for a writ of certiorari and after the Supreme Court handed down Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), the Court vacated our judgment in this case and remanded it for consideration in light of Apprendi Carrington v. United States, 531 U.S. 1062, 121 S.Ct. 750, 148 L.Ed.2d 653 (2001).

Although we now conclude that it was plain error to have sentenced Carrington to 384 months imprisonment on an indictment that did not specify the drug quantity involved and absent any jury finding of drug quantity, we decline to note and correct the error because the evidence of the drug quantity necessary to justify the sentence imposed was overwhelming and essentially uncontroverted, and to reduce Carrington’s sentence because of a technical error never objected to at trial would threaten the fairness, integrity, and public reputation of the judicial proceedings. Accordingly, we affirm.

I

John Carrington, along with ten co-conspirators, was charged in one count of a seven-count indictment with conspiracy “to possess with intent to distribute and to distribute a mixture or substance containing cocaine base [or] ‘crack,’ ... in violation of [21 U.S.C. §§ 841(a)(1) and 846].” In describing six overt acts taken in furtherance of the conspiracy, the indictment alleged, among other things, that Antonio Smith, the ringleader of the conspiracy, recruited members of the conspiracy to go to New York to pick up crack cocaine for transport to the Charlottesville, Virginia area and that “each shipment [between New York and Charlottesville] was between one quarter-kilogram and one kilogram of crack cocaine.” The indictment further alleged that “[i]t was part of the conspiracy that, when some of [Antonio Smith’s] supply of crack cocaine and currency were stolen in a burglary of his residence, [Smith] recruited a party of his conspirators to track down and kill one of the suspected burglars, Eugene Siler.” In describing these overt acts, the indictment refers to Smith and “the conspirators” or Smith and “a party of conspirators,” without naming the specific conspirators involved in each overt act.

At trial, the government presented evidence against Carrington to prove his involvement in two of the six overt acts charged in the indictment — one or two of the trips to New York to obtain crack cocaine and the hunting down of Eugene Siler for allegedly burglarizing Smith’s apartment and stealing crack cocaine and currency.

With respect to the New York trips, the government offered the testimony of Shawn Mason, who testified that in 1997, Carrington went on one of the trips to New York. Carrington was not, however, aware of the group’s destination when the trip began, and when he found out that the group was going to New York, he became upset and stated that he did not want to go. Nevertheless, Carrington remained with the group because they were too far into the drive to turn around and take him back to Charlottesville. Once they arrived in New York, the group acquired a hotel room for four hours. During that time, Mason and Smith left to acquire crack cocaine, while Carrington and a woman named Tameka remained in the room. When Mason and Smith returned with the drugs, they proceeded to package them inside a stereo speaker while Carrington stood by the door, not focusing his attention on what Mason and Smith were doing. [207]*207According to Mason, however, Carrington could readily have seen what was going on if he had looked over at them. In addition to Mason’s testimony, the government offered the testimony of Stanley Fitzgerald, a participant in the drug ring, who testified that Carrington told him that he took two trips to New York with Smith to purchase crack cocaine.

With respect to Carrington’s participation in hunting down Eugene Siler for his theft of crack cocaine and money that belonged to Smith, the government offered the testimony of Roger Price, a Char-lottesville drug dealer. According to Price, on November 15, 1997, Carrington joined a “posse” of men that Smith formed after learning that Siler and two others had broken into his home and stolen two ounces of crack cocaine and $2,000. Price testified that Carrington remained with Smith and his armed posse as they searched for and intimidated these men by yelling and displaying guns. Carrington himself admitted, in grand jury testimony, to being with Smith that night and looking for the burglars. The evidence also showed that Siler was murdered during the early morning hours of the next day and that Carrington participated in the murder. Specifically, William Bailey, who met Carrington in a holding cell in Char-lottesville, testified that Carrington told him that he shot a man! three times in the face at a graveyard, and a detective who investigated Siler’s death testified that the facts surrounding Siler’s death matched the facts described in Carrington’s admission to Bailey.

Carrington’s defense attempted to establish that Carrington was not a part of the conspiracy and that any involvement he may have had with the members of the conspiracy was too minimal to show that he knowingly involved himself in the conspiracy. Nonetheless, the jury returned a verdict finding Carrington guilty of the charged conspiracy.

At sentencing, Carrington objected to the Presentence Report’s attribution to him of 250 grams of crack cocaine, the minimum amount that the evidence showed was involved on each of the trips to New York. Carrington argued that this crack cocaine should not be attributed to him because he was not a knowing and willing participant in any trip to New York, but the district court overruled the objection. Carrington did not object to the two ounces (roughly 57 grams) of crack cocaine attributable to him through his involvement in hunting down Siler for stealing the cocaine. Because the minimum amount of crack cocaine attributed to Carrington exceeded 50 grams and Car-rington qualified as a career offender under the Sentencing Guidelines, the applicable sentencing range was 360 months to life (based on an offense level of 37 and a criminal history category of VI). The district court sentenced Carrington to 384 months imprisonment.

Carrington appealed his judgment of conviction to this court, arguing, among other things, that the government’s evidence was insufficient to prove his participation in the conspiracy because there was no proof of an agreement between Carrington and any other member of the conspiracy.

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United States v. John Carrington
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Bluebook (online)
301 F.3d 204, 2002 U.S. App. LEXIS 17379, 2002 WL 1930081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-john-carrington-ca4-2002.