United States v. Leslie Perkins

204 F. App'x 799
Court of Appeals for the Eleventh Circuit·Decided October 26, 2006·No. 05-15810·Unpublished·Cited by 1 cases

Opinion

*802 PER CURIAM:

Leslie Perkins appeals her convictions and 210-month sentences for conspiracy to import cocaine, in violation of 21 U.S.C. § 963, and conspiracy to possess with the intent to distribute cocaine, in violation of 21 U.S.C. § 846. She challenges both her conviction and her sentence on multiple grounds. Having considered her arguments in light of the law and the record, we affirm.

I. Sufficiency of the Evidence

Perkins argues that the evidence was insufficient to support a conviction on the conspiracy counts. First, she contends that, if there was any agreement, it was an agreement to smuggle a person, rather than drugs, into the United States. She also argues that her mere knowledge that others in the Bahamas had cocaine was insufficient to show her active participation in an agreement to import. Finally, she argues that there was no conspiracy because the purported “cocaine” with which she was found upon her arrest was actually fake.

We review de novo challenges to the sufficiency of the evidence, viewing the evidence in the light most favorable to the government. United States v. Futrell, 209 F.3d 1286, 1288 (11th Cir.2000). To support a conviction for conspiracy to import cocaine, “the government must prove beyond a reasonable doubt that there existed an agreement between two or more persons to import narcotics into the United States and that the defendant knowingly and voluntarily participated in that agreement.” United States v. Arbane, 446 F.3d 1223, 1228 (11th Cir.2006).

In the instant case, DEA Agent Randy Matschner testified at trial that the investigation of Leslie Perkins and her husband, Joel Perkins, began when he was advised that Joel Perkins was looking for a boat to import cocaine from Freeport to the United States.

Agent Matschner testified that he contacted Joel Perkins and they arranged a deal for March 2005 whereby Matschner would pick 20 kilos of cocaine up from Joel Perkins and do a “turn around trip” 1 to pick up another 40 kilos. Subsequently, Matschner met with both Leslie and Joel Perkins in Deerfield Beach, Florida and testified that Leslie Perkins participated in the conversation regarding the planned trip to pick up the cocaine, ultimately suggesting that she would be on the boat when Matschner met it to transfer the cocaine. Matschner testified that Joel and Leslie Perkins again later contacted him by three-way telephone call to discuss Leslie Perkins boarding the vessel in the Bahamas. Joel Perkins stated a desire to have one of his people on the boat to be responsible for the cocaine, and Leslie Perkins agreed to board the boat in the Bahamas and return to the United States with the cocaine. Agent Matschner testified that he advised her to pack the cocaine in 20 kilo amounts, packaged on ice and hidden from view by frozen seafood.

Agent Matschner, along with other agents, proceeded to leave Fort Lauder-dale, Florida, for the Bahamas. According to Matschner, Joel Perkins contacted him, via cell phone, while he was on the boat and told the Agent that Leslie Perkins was waiting for him in the Bahamas. Matschner then made telephonic contact with Leslie Perkins and gave her the coordinates of his boat’s location. Matschner *803 stated that Leslie Perkins told him she would be arriving to meet his ship in a small white Boston Whaler.

According to Matschner, when he saw the Boston Whaler approaching, he observed three persons on board the boat: (1) Marvin Johnson, the supplier of the drugs, (2) Leslie Perkins, and (3) an unidentified Bahamian male. Matschner testified that both Johnson and the other man had pistols tucked into their waistbands. Matschner stated that, as the Boston Whaler was alongside the undercover boat, he asked Leslie Perkins if the dope was in the cooler, and Leslie Perkins responded “yes.” Matschner testified that after he helped Leslie Perkins onto the boat, Johnson handed him the cooler. Matschner asked Johnson if the dope was in the cooler, and Johnson responded in the affirmative. 2 At that point, Leslie Perkins was placed in custody. According to Matschner, when he opened the cooler, it was packed the way he had advised Leslie Perkins to pack it, with ice and 20-kilo packages, except that there was no fish or lobster.

When Matschner submitted the packages for analysis by the DEA lab, the analysis revealed that the cocaine was fake and that the packages he retrieved contained no controlled substance. A search of Leslie and Joel Perkins’s home, however, revealed cocaine. Agent Coddington, who led the search of the home, testified that, in the master bedroom of the Perkins home, he found a shoe box containing a large amount of U.S. currency and a kilo-sized cocaine brick. Coddington testified that the cocaine brick was tested and was a high quality of cocaine. Coddington testified that a green backpack found in the house contained fake dope and a large digital scale was also found in the backpack. Coddington testified that the agents conducting the search of the Perkins home also found a gray safe in the master closet which contained money and a Ziploc bag containing 427.8 grams of cocaine.

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United States v. Leslie Perkins, 204 F. App'x 799 (11th Cir. 2006).

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