United States v. Lee

743 F.2d 1240, 16 Fed. R. Serv. 1049
CourtCourt of Appeals for the Eighth Circuit
DecidedSeptember 12, 1984
DocketNos. 83-2294, 83-2295, 83-2298 and 83-2613
StatusPublished
Cited by107 cases

This text of 743 F.2d 1240 (United States v. Lee) 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. Lee, 743 F.2d 1240, 16 Fed. R. Serv. 1049 (8th Cir. 1984).

Opinions

JOHN R. GIBSON, Circuit Judge.

A plane load of marijuana from Belize destined for an airport near the Lake of the Ozarks gives rise to this series of appeals. The plane was piloted by James E. Nettle. Because a transponder or beeper had been installed on the plane before it left Texas on the way to Belize, the plane was picked up by radar when it approached New Orleans on its return with the marijuana and was followed by first one and then another U.S. Customs Service chase plane. Ed Paquette was one of the ground crew at the airport awaiting the plane. Jeffrey Dewayne Lee had been at the airport making arrangements for receipt of the shipment but was in Indianapolis at the time of the flight. Nettle, Paquette and Lee were convicted in the district court1 of four counts of violating 21 U.S.C. §§ 963, 952(a), 846 and 841(a)(1) (1982) and 18 U.S.C. § 2 (1982). The Piper Navajo plane owned and piloted by Nettle was ordered forfeited. The primary issues raised on appeal involve the propriety under Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), of the issuance of the search warrant given the claim of false statements intentionally or recklessly made; the denial of motions for acquittal and severance; and the closing argument by the Assistant United States Attorney. We affirm the convictions of Nettle and Lee and affirm the forfeiture of the aircraft but reverse the conviction of Paquette as to all counts because of the prejudicial argument.

Patrick David Wright, a prime mover in the events giving rise to the prosecution, testified on behalf of the government. He entered a guilty plea to two counts of conspiracy as part of an agreement that other charges would not be filed against him. Wright was in contact with an individual in Miami who wanted Wright to fly drugs from the Bahamas. He made arrangements for Nettle to fly from California to meet him in Miami, and, at that time, informed him of his connection with Gene Sellers, owner of the Mistwood Airport near the Lake of the Ozarks in Missouri. In the conversation Nettle mentioned a pilot and mechanic, Jeffrey Lee from Indi[1243]*1243anapolis with whom he had been working on a deal in Mexico. The following Saturday Nettle introduced Wright to Lee and Ed Paquette, both of whom told the others of drug sources in Belize. Nettle also mentioned a possible source in Oaxaca, Mexico. It was arranged that Lee would look at the airstrip in Missouri. Wright and Lee later met in Indianapolis and traveled to Missouri to look at the airport, talk with Sellers and discuss certain improvements to be made, such as more lights for the airport.

They returned to Indianapolis, where Wright obtained a sample of the Belize marijuana from Lee and traveled to California to show it to Nettle before Nettle flew to Mexico. Wright then flew back to Indianapolis to meet with Lee, obtained a car and traveled to Missouri to begin work on the airport. Nettle and Lee flew into Lee Fine Airport near the Lake of the Ozarks, and Lee took the plane to Indianapolis for repair work. Nettle and Wright met with Sellers on February 12, 1983, and Nettle offered Sellers $50,000 for the use of the airport, house, and a nearby farm for storing the marijuana. Wright had taken $5,000 expense money from Lee before going to the Lake of the Ozarks; after Nettle left, Nettle mailed Wright an additional $2,000 in expense money. With the expense money, Wright purchased two pick-ups and a Jeep Wagoneer to transport the marijuana from the plane to the farm. Another $1,500 in expense money was turned over to Wright, and four portable radios were purchased.

Lee originally had planned to make the flight to Belize with Nettle. Because Lee’s son had been convicted of a crime, Lee decided not to remain as a pilot on the flight because of the possible damage to his son’s chances at sentencing. Wright then became Nettle’s copilot, while Lee continued to be the connection with Belize. A ground crew for the Mistwood Airport was organized which included Ed Paquette and Wright’s brother-in-law, Len Clark. Tim Johnson, Jeff Levine, Mark Owen and Mark McLaughlin were also present at the Mistwood Airport.

On March 4, 1983, Lee and Paquette arrived at the Fine Airport in Nettle’s plane with extra fuel tanks on board. Lee gave Nettle and Wright aeronautical charts on which Lee had marked the landing strip in Belize. The seats were taken out of the plane, and black plastic was taped to the floor and sides. On March 6, the plane was fueled, and Wright and Nettle flew to Beaumont, Texas. Lee then called them by telephone and postponed the trip because four other planes were scheduled ahead of them in Belize. On March 9, Wright and Nettle again flew to Texas, this time to Bay City, where they landed and checked into the Holiday Inn. While on the ground the plane, Nettle, and Wright were under surveillance, and the transponder or beeper was installed.

Saturday morning, March 12, at about 1:30 a.m. Nettle and Wright left their motel, went to the Bay City Airport and took off. They flew past Galveston, turned off their exterior lights, and were seen by a following plane flying out into the Gulf of Mexico toward Merida, Mexico, which, as the maps demonstrated, was on the route to Belize.

Wright testified that at the Belize Airport the plane was met by waiting trucks, an American, and several local residents armed with automatic weapons. The American asked if Freddie, who had been mentioned by Lee and Nettle as the contact with Belize, had sent money and said that their plane was the fifth to land that week. There was not room in the plane for all thirty-four bags of marijuana, so seven were left behind. The plane took off and flew across the Gulf, entered the United States near New Orleans, and flew northward through Mississippi, Arkansas and into Missouri, headed for the Mistwood Airport. It was picked up by radar because of the beeper and followed by a Customs’ chase plane from Houston and a Customs’ plane departing from Jefferson City, Missouri. Near Lebanon, Missouri, Nettle and Wright spotted a following plane. At that time, Nettle made radio contact with the ground crew, who told him that a state [1244]*1244trooper had been spotted earlier observing the airport with binoculars. Nettle decided to abort the landing at Mistwood and warned the ground crew to leave the area. He instructed Wright to open the door and throw the bags out while he flew at a low level. The plane landed in Springfield, Missouri, at the small downtown airport. Nettle and Lee were arrested in a residential area about three blocks away.

There was evidence of numerous telephone calls made between Lee in Indianapolis, motels in Beaumont and Bay City, Texas, and the house at the Mistwood Airport. Twenty-six of the twenty-seven bags of marijuana were recovered. The recovery locations were charted and shown to be within the computer-recorded flight path of the plane.

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Cite This Page — Counsel Stack

Bluebook (online)
743 F.2d 1240, 16 Fed. R. Serv. 1049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-lee-ca8-1984.