United States v. King

628 F.3d 693, 2011 WL 62120
CourtCourt of Appeals for the Fourth Circuit
DecidedJanuary 10, 2011
Docket07-4885, 08-4405
StatusPublished
Cited by81 cases

This text of 628 F.3d 693 (United States v. King) 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. King, 628 F.3d 693, 2011 WL 62120 (4th Cir. 2011).

Opinion

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

A jury convicted Lamont Clinton King of possession with intent to distribute controlled substances, possession of a firearm in furtherance of a drug trafficking crime, and two counts of being a felon in possession of a firearm. On appeal, King challenges his convictions on several grounds. We vacate one of his convictions and the accompanying sentence for being a felon in possession and remand for further proceedings consistent with this opinion. We affirm in all other respects.

I.

King’s convictions stem from two separate incidents, one occurring in Greenville, North Carolina and the other in Wilmington, North Carolina. We set forth the facts of each incident and then describe the pretrial and trial proceedings that followed.

A.

1.

On March 19, 2004, Greenville police officers received information that two African-American men planned to use a gray Ford Explorer to transport a large amount of heroin from the local bus station. The officers initiated surveillance of the station and observed two African-American men drive away from the station in a gray Ford Explorer. The police followed the Explorer to a nearby strip mall, at which the men left the car and entered a laundromat. Shortly thereafter, the men returned with King and, after King placed a green gym bag in the Explorer, the three men drove away together. When the officers stopped and searched the Explorer, they found the green gym bag, which contained 100 dosage units of heroin packaged in ink- *697 stamped wax paper. The police arrested King and the other men.

Two detectives then returned to the laundromat from which King had emerged and spoke with Nina Woods. After learning that Woods shared an apartment with King, the detectives obtained her consent to search that apartment. Within its sole bedroom, they found approximately 426 plastic bags of cocaine and seven dosage units of heroin packaged in the same ink-stamped wax paper as the heroin found in the green gym bag that King had placed in the Explorer. They also found cutting agent, one gram of marijuana packaged in a plastic bag, and a firearm. In the bedroom closet, they found two coffee grinders (which drug traffickers often use to mix drugs and cutting agents), two boxes of bullets, and two more firearms.

The police subsequently interviewed King, and he admitted ownership of the cocaine, heroin, coffee grinders, cutting agent, and firearms. King was charged with various violations of state law, and after agreeing to cooperate with the police, King secured his release on bail.

2.

Nine months later, on December 8, 2004, Shatiek Bilal reported to Wilmington police officers that King had kidnapped and assaulted him. Bilal also told the officers that King rented an apartment at which Bilal was living and that King kept drugs and guns at the apartment and in a separate storage unit. Based on Bilal’s information, the officers obtained a search warrant to the apartment, in which both King and Bilal lived, and to the storage unit, to which only King had access.

After watching the apartment for approximately four hours, the police saw King enter the apartment with a woman at about 3:30 a.m. on December 9. The officers then executed the search warrant. In a bedroom, in which King was lying near the bed, they found a box containing 5.2 grams of crack cocaine packed in green dime bags, 1.3 grams of heroin, and 14 bags of marijuana. Nearby they found digital scales, a heat sealer, and a handgun. In the same room they also found King’s identification card and state registration card bearing the apartment’s address. In another bedroom, containing Bilal’s personal effects, the officers found one green dime bag of marijuana and a larger clear plastic bag containing similar green bags. The officers found no contraband in the storage unit.

When the officers interviewed King, he told the police that he knew nothing about the kidnapping or beating of Bilal, and he denied responsibility for the contraband in the apartment. Nevertheless, King was charged with Bilal’s kidnapping and assault, along with drug trafficking and firearm possession in violation of state law. Neither federal nor state authorities charged Bilal with any crime arising from evidence found in the search.

B.

A year later, all state charges against King were dismissed when a federal grand jury returned an indictment charging him with six federal crimes. The first three pertain to the Greenville incident: (1) possession with intent to distribute cocaine, heroin, and marijuana in violation of 21 U.S.C. § 841(a)(1) (Count One); (2) possession of three firearms after being convicted of a felony, in violation of 18 U.S.C. § 922(g)(1) (Count Two); and (3) using, carrying, and possessing a firearm, during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924(e)(l)(A)(i) (Count Three). The remaining three counts allege crimes assertedly committed in Wilmington: (1) possession of crack cocaine, heroin, and marijuana with intent to *698 distribute, in violation of 21 U.S.C. § 841(a)(1) (Count Four); (2) possession of a firearm after being convicted of a felony, in violation of 18 U.S.C. § 922(g)(1) (Count Five); and (3) using, carrying, and possessing a firearm, during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A)(i) (Count Six). The Government did not bring any federal charges against King for his alleged assault and kidnapping of Bilal.

From the outset of the Wilmington proceedings, King moved to compel disclosure of all information regarding Bilal and his cooperation with the police. The district court found King’s first pre-trial motion for this evidence moot “because the Government already has been engaging in virtual open file document discovery.”

Months later, after this Court consolidated the various charges pending against King and assigned the cases to another district judge, King renewed his motion to compel disclosure of all documents regarding Bilal, including Bilal’s grand jury testimony. 1 King also maintained that the Government had suppressed exculpatory information regarding Bilal’s post-indictment trafficking charges and alleged perjury in New York.

With respect to the latter information, the Government acknowledged that Bilal had told a New York prosecutor something to the effect of “I don’t want to go to North Carolina. I wasn’t involved in anything down there.” The Government lawyer contended, however, that she had kept King’s prior defense counsel informed of Bilal’s activities in New York.

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

Related

State v. Andres C. (Dissent)
Supreme Court of Connecticut, 2024
Alexander v. USA-2255
D. Maryland, 2023
Untitled California Attorney General Opinion
California Attorney General Reports, 2023
United States v. Kendall Wysinger
64 F.4th 207 (Fourth Circuit, 2023)
People v. Sauls
2022 IL 127732 (Illinois Supreme Court, 2022)
Marion Bowman, Jr. v. Bryan Stirling
45 F.4th 740 (Fourth Circuit, 2022)
LUCAS v. United States
D. New Jersey, 2022
United States v. Omar Banks
29 F.4th 168 (Fourth Circuit, 2022)
Johnson v. Clarke
E.D. Virginia, 2022
Lynch v. Cabell
E.D. Virginia, 2022
Crawford v. Bailey
E.D. Virginia, 2022
United States v. Anthony Caldwell
7 F.4th 191 (Fourth Circuit, 2021)
Chase v. United States
W.D. North Carolina, 2021
United States v. Young Yi
Fourth Circuit, 2020

Cite This Page — Counsel Stack

Bluebook (online)
628 F.3d 693, 2011 WL 62120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-king-ca4-2011.