United States v. Marion Sturgis Donaldson

558 F. App'x 962
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 12, 2014
Docket12-15549
StatusUnpublished

This text of 558 F. App'x 962 (United States v. Marion Sturgis Donaldson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Marion Sturgis Donaldson, 558 F. App'x 962 (11th Cir. 2014).

Opinion

PER CURIAM:

At the conclusion of a bench trial, Marion Sturgis Donaldson was convicted on two counts of a multi-count indictment 1 : Count One, conspiracy to distribute 5 kilograms or more of cocaine hydrochloride, 28 grams or more of cocaine base, and an amount of marijuana, in violation of 21 U.S.C. §§ 841(a)(1), 846; and Count Six, using a communication facility to facilitate the commission of a crime, in violation of 21 U.S.C. § 843(b). The District Court sentenced Donaldson to concurrent prison terms of 169 months on Count One and 48 months on Count Six. Donaldson now appeals his convictions and sentences. He argues that his convictions should be set aside and a new trial granted on the ground that the District Court erred in denying his motion to suppress evidence— drugs and drug paraphernalia — seized by the police in a search of his residence. He argues that his sentences should be vacated on the ground that the court erred in failing to reduce his total offense level for acceptance of responsibility under U.S.S.G. § 3E1.1. We consider these arguments in order.

I.

We start with a chronology of the events — as found by the District Court— that led to the search of Donaldson’s residence. 2 We then address his motion to suppress, the District Court’s adverse ruling, and his argument that the court erred.

A.
In March of 2011, officers with the Narcotics Division of the Richmond County [Georgia] Sheriffs Office, including Investigator Hester, commenced an investigation of Dorsett Mandrell Williams ... based on their suspicion that he was involved in dealing narcotics. [A] confidential informant provided information that Williams was selling large amounts of cocaine; the informant also told the officers that Williams’ cocaine operation involved the use of two houses located across the street from each other on Camille Street in Augusta, Georgia. Williams used one of the houses as a trap house, which Investigator Hester explained is a common slang term referring to a premises used to conduct narcotics transactions; the other house was used as a ‘stash house,’ which Investigator Hester explained is a similarly common term referring to a premises used to store money and narcotics. The officers conducted surveillance and determined that Williams did not live in either house; rather, the houses were used exclusively for their respective purposes in his drug dealing operation. The officers additionally arranged a number of controlled purchases of cocaine, the majority of which were carried out at the Camille Street houses. Based on the information ob *964 tained during the initial portion of their investigation, the investigating officers with the Richmond County Sheriffs Office, including Investigator Hester, requested and obtained authorization from a Richmond County Superior Court judge to intercept calls on several telephones belonging to Williams; the first such authorization was obtained on May 24, 2011.
The officers intercepted a number of calls between Williams and an individual later identified as Donaldson. During these calls, Williams and Donaldson engaged in discussions that the officers determined to be related to drug transactions. For example, in one call, Williams told Donaldson that he had '29 cent’ for him. Investigator Hester testified that, based on his experience as a narcotics officer, he understood this to mean that Williams had $29,000.00 with which to purchase drugs. During the same call, Williams told Donaldson that he would be ‘up top’ and that the '29 cent’ would be in the trunk of the Monte Carlo. Based on their observations of Williams’ drug operation, the officers ascertained that this terminology referred to an arrangement for Donaldson to go to one of Williams’ houses that be referred to as ‘up top,’ to pick up $29,000.00 from the trunk of Williams’ automobile — a Chevrolet Monte Carlo— and to leave cocaine in its place. Following the call, officers verified that the Monte Carlo was parked in the location indicated. In another call intercepted on June 10, 2011, Williams asked Donaldson if he was still ‘holding up,’ to which Donaldson replied that he was; Williams then again said that he would be ‘up top,’ and he told Donaldson that he wanted ‘the half.’ Investigator Hester decoded this conversation, explaining that Williams asked Donaldson if he had any cocaine, Donaldson said he did, and Williams indicated for Donaldson to deliver half a kilogram of cocaine. The officers then observed an individual in a vehicle registered to Donaldson arrive at Williams’ house referred to as up top’ and leave after a few minutes.
On June 16, 2011, officers intercepted another call, in which Williams and Donaldson discussed the June 8, 2011 drug-related arrest of Timothy Gracy ... as well as the fact that their cocaine business had been slow of late. By this point, Investigator Hester and the other investigating officers had determined that Donaldson was Williams’ drug supplier, and on June 26, 2011, they obtained authorization from a Richmond County Superior Court judge to intercept calls on Donaldson’s cellular telephone, as well as authority to ‘ping’ the phone to determine its location. Investigator Hester and another officer also observed a transaction between Donaldson and Williams on June 26th. Specifically, they observed Donaldson pull up near Williams’ houses on Camille Street; Williams entered the “stash house” and came out carrying a white bag, which he handed to Donaldson. The transaction lasted only a few minutes, and Donaldson drove away without ever exiting his car. Following the meeting, the officers ‘pinged’ Donaldson’s phone and determined its location to be 180 Oakland Drive, North Augusta, South Carolina. Officers confirmed that this was Donaldson’s residence by observing him there and by verifying that a vehicle at the house was registered to Donaldson; in addition, officers were again able to locate Donaldson’s cell phone at the residence via ‘ping’ tracking on June 27 and 28, 2011.
On June 27, 2011, officers intercepted a call on Donaldson’s phone in which he talked with an individual identified only *965 as ‘Big.’ Donaldson and Big discussed an upcoming drug transaction, and Donaldson said at one point that he ‘might be alright’ until the weekend, meaning that he had enough cocaine for the time being; they also referred to ‘counts’ during the call, and Big asked Donaldson ‘what he wanted,’ to which Donaldson responded ‘a set of tires.’ Based on his training, experience, and knowledge of the investigation, Investigator Hester stated that he knew that ‘counts’ referred to money and ‘tires’ referred to kilograms of cocaine, with a ‘set’ representing four kilograms. Officers intercepted additional calls and surveilled Donaldson during the next two days; one call made reference to a ‘nine ounce deal,’ and he engaged in two brief transactions that Investigator Hester characterized as indicative of drug-related activity.

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Cite This Page — Counsel Stack

Bluebook (online)
558 F. App'x 962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-marion-sturgis-donaldson-ca11-2014.