United States v. Lipford

203 F.3d 259, 2000 WL 135099
CourtCourt of Appeals for the Fourth Circuit
DecidedFebruary 7, 2000
DocketNos. 97-4811, 97-4838, 97-4855, 98-4716
StatusPublished
Cited by131 cases

This text of 203 F.3d 259 (United States v. Lipford) 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. Lipford, 203 F.3d 259, 2000 WL 135099 (4th Cir. 2000).

Opinion

Affirmed in part, reversed in part and remanded by published opinion. Judge KING wrote the opinion, in which Judge MOTZ and Judge TRAXLER joined.

OPINION

KING, Circuit Judge:

We consider here the consolidated appeals of Victor J. Lipford, Marlowe A. Farmer, and Christopher L. Womack, each of whom was convicted on , drug-related charges following a joint trial in the Western District of Virginia. The parties have raised numerous assertions of error on appeal. However, we hold that only one aspect of the district court’s proceedings— the judgment of acquittal on Lipford’s conviction under 18 U.S.C. § 924(c)(1) — requires reversal, a holding that also mandates that Lipford be resentenced. We reject the remaining claims of error, and we affirm, the district court in all other respects.

I.

Beginning no later than the fall of 1995 and continuing through January 1997, Lip-ford, Farmer, and Womack (collectively, “the appellants”) were members of a drug trafficking organization that distributed cocaine from two trailer homes in Pittsyl-vania County, Virginia. At the first trailer home, in the Malmaison section of Dan-ville, the appellants sold cocaine themselves and distributed cocaine through several street dealers, including Clifton Powell, Anthony Hood, Lamont Hood, Thomas Wiles, Roy Hood, and Tony Kirby. The second trailer home, Farmer’s residence at 321 Moffett Street in Dan-[263]*263ville, also served as an outlet for the organization’s drug activities. Farmer sold cocaine from his Moffett Street residence, as did Christopher Womack; the pair were assisted by Roy and Reginald (“Reggie”) Womack.

On January 21, 1997, a grand jury in the Western District of Virginia returned a forty-five count indictment against the appellants and others.1 Following a two-week jury trial in June 1997, the appellants were each convicted of participating in a drug conspiracy, in violation of 21 U.S.C. § 846. In addition, Farmer was convicted on two counts of possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1). Lipford was convicted on five counts of possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1), and one count of violating 18 U.S.C. § 924(c)(1) — carrying a firearm during and in relation to a drug trafficking offense. Following the verdict, the trial court granted Lipford’s motion for judgment of acquittal on the firearm conviction.

A.

Lipford’s firearm conviction under 18 U.S.C. § 924(c)(1) was based upon a series of transactions with a government informant, Larry Cunningham, and we summarize below the evidence relevant to that conviction. On May 22, 1996, Cunningham, acting at the direction of law enforcement officials,2 contacted Lipford by phone, made arrangements to purchase a quantity of drugs, and then drove to Mal-maison to complete the transaction with Lipford. As they were conducting the drug deal, Lipford asked Cunningham whether he knew anybody who wanted to purchase a firearm — “[a] .25 automatic.” J.A. 853. Cunningham responded that he did know of someone (himself), but that he was not in a position to buy a firearm that day. Id. Cunningham then bought ten grams of cocaine base (“crack”) from Lip-ford, leaving open the possibility of other drug and firearms deals with him in the future.

The next day, May 23, 1996, Cunningham — again acting at the behest of law enforcement officials — drove to Lipford’s trailer intending to purchase both crack cocaine and the .25 caliber pistol they had discussed the day before. The DEA supplied Lipford with $650 in cash to purchase drugs, and ATF provided $200 to purchase the firearm. Cunningham bought eleven grams of crack cocaine from Lipford for $700. Although Lipford and Cunningham discussed the .25 caliber pistol during the transaction, Cunningham did not purchase the firearm at that time and returned $150 in cash to the police.

In the days following that transaction— between May 23, 1996 and May 31, 1996— Cunningham attempted to arrange another deal with Lipford. Cunningham spoke to Lipford by phone several times about purchasing both drugs and the .25 caliber pistol, and they ultimately agreed to meet on May 31, 1996, to complete the drug and firearm transactions.

On May 31, 1996, Cunningham was issued $650 in cash from the DEA for the [264]*264purchase of drugs and $140 from the county sheriffs office for the purchase of a firearm. Cunningham then drove to the Malmaison area, met Lipford, and purchased both crack and the .25 caliber “Raven” pistol from Lipford. Lipford first handed Cunningham the handgun, then gave him thirteen and one-half grams of crack. Thereafter, Cunningham passed Lipford $750, then paid Lipford the remaining $40, the balance due for the firearm.3

After the Government presented this evidence at trial, the district court charged the jury, without objection, on the “in relation to” requirement:

The government is required to prove that the defendant actively employed the weapon or that it was carried during and in relation to the drug offense charged. * * *
However, you must be convinced beyond a reasonable doubt that the firearm played a role in or facilitated the commission of the drug offense. In other words, you must find the firearm was an integral part of the offense charged, the offense which is alleged in count forty-one.4

J.A. 1866. Based on the evidence and the instructions, the jury convicted Lipford on count forty-two of the indictment, the § 924(c)(1) charge for carrying a firearm on May 31, 1996, during and in relation to a drug trafficking crime.

B.

On November 21, 1996, when police officers executed a search warrant at 321 Moffett Street (“Farmer’s home”), Farmer fired shots at the officers, hitting one of them. The district court ultimately admitted evidence of this shooting at trial (collectively the “shooting evidence”), and because this evidentiary ruling forms the basis of several assertions of error on appeal, we summarize the trial court proceedings relating to the admission of the shooting evidence.

Before trial, Farmer moved in limine to exclude any evidence of this shooting; in response, the Government sought to demonstrate the relevance of the shooting evidence prior to its introduction at trial. However, when the Government initially attempted to explain the relevance of the shooting evidence,5 the district court determined that the Government had failed to articulate a sufficient nexus between the drug violations and the shooting. Therefore, the court initially granted Farmer’s motion in limine, characterizing Farmer’s actions as the “simple act of shooting a police officer” with no connection to the drug trafficking conspiracy.

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Bluebook (online)
203 F.3d 259, 2000 WL 135099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-lipford-ca4-2000.