United States v. Kent August Moeckly, Joseph Diego Ramirez, and William J. Coulombe, Defendants

769 F.2d 453
CourtCourt of Appeals for the Eighth Circuit
DecidedOctober 17, 1985
Docket84-5223 to 84-5225
StatusPublished
Cited by77 cases

This text of 769 F.2d 453 (United States v. Kent August Moeckly, Joseph Diego Ramirez, and William J. Coulombe, Defendants) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. Kent August Moeckly, Joseph Diego Ramirez, and William J. Coulombe, Defendants, 769 F.2d 453 (8th Cir. 1985).

Opinions

PHILLIPS, Senior Circuit Judge.

Defendants Kent Moeckly, Joseph “Casey” Ramirez, and William Coulombe appeal separately their convictions for conspiracy to import cocaine, 21 U.S.C. § 963, and conspiracy to possess cocaine with intent to distribute it, 21 U.S.C. § 846. The indictment charged these conspiracies were in existence from early 1981 through April of 1983 and were carried out in Minnesota, Florida, and elsewhere. Appellant Moeckly also was convicted of two counts of perjury before a grand jury investigating defendants’ smuggling activities, 18 U.S.C. § 1623. Following their convictions upon jury verdicts, they received the following penalties: Moeckly was sentenced to serve seven years of imprisonment and received a $10,000 fine. Coulombe received a total penalty of ten years of confinement and a $10,000 fine. Ramirez received a total sentence of twenty years of confinement and a $50,000 fine. Defendants filed timely appeals to this court. We affirm the convictions.

I

This prosecution arose when a small airplane belonging to defendant Ramirez was abandoned in the Bahamas with twelve duffel bags of cocaine after being pursued by United States customs planes. Ramirez operated a fixed-base operation at the Princeton, Minnesota airport, a business [457]*457providing storage and maintenance services for private airplanes, as well as flight lessons.

On April 20, 1983 Ramirez placed a telephone call from Florida to Gregory Schmidt in Minnesota, requesting him to fly one of Ramirez’ planes, a Cessna 210, No. 6544 Yankee, from Princeton to Florida. Schmidt was the prosecution’s chief witness; he testified under a promise of immunity from prosecution for smuggling charges. The next day, Schmidt flew the plane to Fort Lauderdale and was met at the airport by Ramirez and Moeckly. The three went to a townhouse owned by Ramirez and later returned to the airport. They installed four or five extra fifteen gallon fuel tanks into another of Ramirez’ planes, a Cessna 210, No. 6608 Charlie, and had it fueled. Ramirez gave a $100.00 tip to the person who fueled the plane. The three then returned to Ramirez’ townhouse.

Schmidt testified that Coulombe came by the townhouse sometime that evening. Ramirez decided that it would be Coulombe, and not Schmidt, who would fly 6608 Charlie on a smuggling mission from South America and be paid $50,000. Later that night, Schmidt and Moeckly prepared a large lunch for Coulombe’s flight. The following morning, Friday, April 22, 1983, Ramirez, Schmidt, and Moeckly loaded the lunch, a life raft, and other gear onto 6608 Charlie, and connected auxiliary fuel pumps. The co-pilot’s seat had been taken out of the plane. Coulombe checked out of his hotel at 6:20 a.m., met the others at the airport, and took off with a single male passenger. That afternoon, Ramirez’ girlfriend, Pamela Jackson, arrived to vacation with him.

On Saturday afternoon, Ramirez asked Schmidt and Moeckly to fly his planes in a “cover” operation to determine whether Coulombe was being pursued by customs aircraft upon his return. Ramirez was to fly another of his planes. They operated on a particular radio frequency and were to use prearranged codes. Moeckly was to fly “touch and goes” at the Opa Locka West airport, a remote and unoccupied airport where, according to Schmidt, Ramirez and Moeckly had landed on a previous occasion, and Moeckly had criticized Ramirez for using his name on the radio frequency.

Schmidt heard Ramirez and Coulombe converse and Ramirez gave a signal to indicate trouble. Ramirez gave instructions to evade two customs planes that were in pursuit. Schmidt and Moeckly landed their planes at Boca Raton airport after Ramirez and Coulombe had decided to abandon Florida airspace. Moeckly told Schmidt that Coulombe and Ramirez probably flew to the Bahamas and that they should stay away from Ramirez’ townhouse. Pamela Jackson later relayed a message to Schmidt to fly to the Bahamas.

A customs pilot testified he observed evasive maneuvers by 6608 Charlie and that it finally headed toward the Grand Bahamas while continuing its evasive maneuvers. It made two approaches to a field, passed over Freeport airport, and landed on a dirt road between 5:00 and 5:15 p.m. The pilot observed green duffel bags in the plane. Ramirez landed at the Free-port airport at 5:20 p.m. in 5296 Yankee according to customs documents. At 7:00 p.m., Bahamian police located 6608 Charlie and removed five blue plastic gas cans and twelve duffle bags of cocaine. Schmidt landed at Freeport airport around 10:30 p.m. and was met by Ramirez who informed him that Coulombe had landed on the island. After a search, they found Coulombe and brought him to a hotel. Ramirez criticized Coulombe for not burning the plane. Coulombe was angry over the loss of the 400 pound cargo of cocaine.

In a secondary search of 6608 Charlie, sixteen international aeronautical maps were recovered. Eight of these bore 44 fingerprint impressions and seven palm-print impressions of Coulombe concentrated along the path to South America. One had multiplication figures apparently reflecting the pounds of cocaine loaded on the plane. Four of Ramirez’ fingerprint impressions were identified on one of the maps. The canvas bags were found to [458]*458have 181 fiberglass-encased packages each containing a kilogram of cocaine, a total of 398 pounds.

On Sunday, April 24, 1983, Ramirez instructed Schmidt and Coulombe to ditch a seat from 6608 Charlie in the ocean. Upon their return that day to the United States in 5296 Yankee, Schmidt filed a customs report listing himself as pilot and Coulombe as a passenger. They returned to Ramirez’ townhouse where Moeckly and Jackson were waiting. Ramirez flew back separately and went to the townhouse where he argued with Coulombe about his refusal to pay Coulombe for the mission. Schmidt and Moeckly then flew to Minnesota in 6544 Yankee.

Schmidt had flown from Minnesota to Florida to assist Ramirez in preparing 6608 Charlie for similar flights and had flown cover on other occasions in 1982. Schmidt had been acquitted of perjury in a trial in May 1984. He offered to testify in return for immunity from smuggling charges. The district court held a hearing to evaluate inconsistencies between statements he made and previous testimony he had given and to determine whether he had received immunity from perjury charges for his trial testimony. Schmidt previously had denied knowing how Coulombe got to the Bahamas and denied having searched for him with Ramirez. Schmidt admitted being threatened with prosecution if he refused to testify against Ramirez. He admitted to smuggling activity and cover operations that he had denied previously. At trial, Schmidt described previous operations with Ramirez that used common plans or schemes, including cover flights, use of radio frequencies and codes, use of auxiliary fuel containers, use of the same plane, 6608 Charlie, and operations smuggling guns or drugs from South America. He testified that Moeckly also had flown cover for Ramirez on another occasion.

Apart from Schmidt’s testimony, the Government introduced other evidence of Ramirez’ past activity. Stephen Lett testified, over objection by Coulombe’s counsel, that Ramirez made four trips to the Bahamas with him, two of which involved attempts to purchase marijuana.

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Bluebook (online)
769 F.2d 453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-kent-august-moeckly-joseph-diego-ramirez-and-william-j-ca8-1985.